Opinion
No. 08-05-00009-CV
August 18, 2005.
Appeal from the 327th District Court of El Paso County, Texas, (Tc# 2004-3460).
Before BARAJAS, C.J., McCLURE, and CHEW, JJ.
CHEW, J., not participating.
MEMORANDUM OPINION
Pending before the Court is the parties' joint motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1), which states:
(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.
The parties have complied with the requirements of Rule 42.1(a)(1). The parties have requested that the Court grant the parties' joint motion to dismiss the appeal pursuant to Texas Rules of Appellate Procedure Rule 43.2(f) because the parties have resolved their differences in the suit below. Texas Rules of Appellate Procedure Rule 43.2(f) provides that the appellate court may dismiss the appeal. The Court has considered this cause on the parties' motion and concludes the motion should be granted and the appeal be dismissed. We therefore dismiss the appeal. The costs shall be borne by Appellants.