Opinion
No. 05-03-01026-CV.
Opinion Filed February 4, 2004.
On Appeal from the 162nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 00-02207-I.
Dismiss.
Before Justices MORRIS, WRIGHT, and RICHTER.
MEMORANDUM OPINION
Before the Court is the parties' January 15, 2004 agreed motion for dismissal of appeal with prejudice. Parties Frank J. Stangel Associates, Inc., Dun Bradstreet, Inc. and Old Dominion Freight Lines, Inc. ask the Court to dismiss the appeal with prejudice and agree to bear their own costs.
The notice of appeal filed on July 9, 2003 appears to include James Steiner, Individually, and d/b/a Hutton Park Associates, Inc. as an appellee. Therefore, the Court, in a letter dated January 20, 2004, directed appellant to amend its notice of appeal to clarify the appellees in this appeal or to file a motion to dismiss appeal as to James Steiner, Individually, and d/b/a Hutton Park Associates, Inc. In response, appellant filed a January 29, 2004 "amended motion for appeal." Such "motion" states, "On or about June 13, 2003, Appellant, Frank J. Stangel Associates, Inc., and James Steiner, individually and d/b/a Hutton Park Associates, Inc., resolved all matters between such parties and such determination is not being appealed by Appellant in this matter and any intent to do so is hereby disclaimed."
The Court construes appellant's "amended motion" as an amended notice of appeal filed in response to the Court's letter directing appellant to clarify the appellees in this appeal. Therefore, the Court notes that the only parties to this appeal are Frank J. Stangel Associates, Inc., appellant, and Dun Bradstreet, Inc. and Old Dominion Freight Lines, Inc., appellees.
We GRANT the agreed motion and this appeal is DISMISSED. See Tex.R.App.P. 42.1(a).