Summary
withdrawing opinion pursuant to settlement agreement
Summary of this case from Nowak Constr. Co. v. AvalosOpinion
No. 08-05-00181-CV
March 4, 2009.
Appeal from 383rd District Court of El Paso County, Texas, (TC # 99CM2045).
Before CHEW, C.J., McCLURE, and BARAJAS, C.J. (Ret.) BARAJAS, C.J. (Ret.), sitting by assignment, not participating.
MEMORANDUM OPINION
Pending before the court is an agreed motion by the parties asking that we withdraw our opinion dated January 25, 2007; and dismiss the appeal pursuant to their agreement. We grant the motion. We dismiss the appeal pursuant to Rule 42.1(a)(1) and withdraw our opinion pursuant to Rule 42.1(c). See Tex.R.App.P. 42.1(a)(1) and (c). We further order costs be assessed against the party incurring same.