Air, Soil Water v. Nussbaum, Torres

Full title: AIR, SOIL AND WATER ENVIRONMENTAL CONSULTANTS, INC., Appellant, v…

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Mar 25, 2004

No. 08-03-00293-CV (Tex. App. Mar. 25, 2004)

Opinion

No. 08-03-00293-CV.

March 25, 2004.

Appeal from 41st District Court of El Paso County, Texas, (Tc #2001-3786).

Hon. Robert E. Rojas, El Paso for appellant.

Hon. Steven C. Jams, El Paso for appellee.

Before Panel No. 4, BARAJAS, C.J., LARSEN, and McCLURE, JJ.

MEMORANDUM OPINION

ANN CRAWFORD McCLURE, Justice.

Pending before the Court is a joint motion to dismiss the appeal with prejudice due to settlement of the underlying dispute. The parties have filed this motion pursuant to TEX.R.APP.P. 42.1, which states that:

(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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk; the court may:

(A) render judgment effectuating the parties' agreements;

(B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance wit [sic] the agreements; or

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

The parties have settled all matters in controversy. By their motion, the parties have agreed that the appeal be dismissed with prejudice. The motion is granted and the appeal is dismissed. Pursuant to the agreement of the parties, costs are taxed against the party incurring same. See TEX.R.APP.P. 42.1(d).