Dorado v. Advance'd Temp.

Full title: JESSE DORADO, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF EDUARDO MIRANDA…

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

Date published: Sep 9, 2004

No. 08-03-00479-CV (Tex. App. Sep. 9, 2004)

Opinion

No. 08-03-00479-CV

September 9, 2004.

Appeal from the 34th District Court of El Paso County, Texas, (Tc# 2003-4093).

James F. Scherr, Scherr Legate, P.C., El Paso, TX, for appellants.

Karen L. Landinger, Ray, Valdez, McChristian Jeans, P.C., El Paso, TX, for appellee block.

Chris Johnston, El Paso, TX, for appellee Advanced Temporaries, Inc.

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.

MEMORANDUM OPINION

DAVID WELLINGTON CHEW, Justice.

Pending before the Court is the Appellants' motion to dismiss their appeal against Appellee Harold M. Block only and to dismiss Appellee Harold M. Block only from the appeal. Texas Rule of Appellate Procedure 42.1(a)(1) 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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

TEX.R.APP.P. 42.1(a)(1).

Appellants have complied with the requirements of Rule 42.1(a)(1). Appellants represent to the Court that on or about June 25, 2004, Appellants reached a settlement agreement with Appellee Harold M. Block only, which encompasses the issues presented against Harold M. Block in this appeal. Appellee Harold M. Block has not filed a cross-appeal and Appellants have informed the Court that counsel for Appellee Harold M. Block agrees to their filing of this motion. Appellants, however, have indicated that they have not settled their claims against Appellee Advance'd Temporaries, Inc. and that the claims against Appellee Advance'd Temporaries, Inc. remain pending in this appeal. Appellants request their claim against Appellant Harold M. Block only be dismissed from the appeal and that Appellee Harold M. Block only be dismissed from the appeal. We have considered this cause on Appellants' motion and conclude that the motion should be granted. Therefore, we dismiss the Appellants' claims against Appellee Harold M. Block ONLY and Appellee Harold M. Block ONLY is dismissed from the appeal. The other parties and claims remain pending in this appeal.