Opinion
Nos. 13-03-728-CV, 13-04-558-CV
Memorandum Opinion delivered and filed October 28, 2004.
On appeal from the 332nd District Court of Hidalgo County, Texas.
Before Chief Justice VALDEZ and Justices RODRIGUEZ and CASTILLO.
MEMORANDUM OPINION
Appellants, GRACIELA GOMEZ DE HERNANDEZ, ET AL., perfected an appeal from a judgment entered by the 332nd District Court of Hidalgo County, Texas, in cause number C-093-02-F(1). After the record and briefs were filed, appellants, Arely Hernandez, Olvido Hernandez, and Juan Hernandez, and appellee, New Texas Auto Auction Services, L.P., d/b/a Big H. Auto Auction, filed a joint motion to dismiss their appeal. These parties state that they have agreed to a confidential compromise, release, and discharge of all claims, and they now seek to dismiss their appeal. The remaining appellants in this case were not parties to this agreement and intend to continue their appeal. The appeal between appellants, Arely Hernandez, Olvido Hernandez, and Juan Hernandez, and appellee, New Texas Auto Auction Services, L.P., d/b/a Big H. Auto Auction, is severed from the original appeal and is docketed under cause number 13-04-558-CV.
The remaining appellants include Graciela Gomez de Hernandez, Individually and as Personal Representative of the Estate of Jose Angel Hernandez Gonzales and as next friend of their children, Jose Angel Hernandez Gomez and Elizabeth Hernandez Gomez, Guillermo Mujica Gutierrez, Marta Covarrubias Gutierrez, Juan Lorenzo Gutierrez, Victor Manuel Maldonado Castanon, Pedro Alfonso Castillo Cardenas, and Jacinto Loyde Frayde.
Having considered the joint motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The joint motion to dismiss the appeal between appellants, Arely Hernandez, Olvido Hernandez, and Juan Hernandez, and appellee, New Texas Auto Auction Services, L.P., d/b/a Big H. Auto Auction, is hereby granted. The appeal in cause number 13-04-558-CV is ordered DISMISSED.
The remaining issues in the appeal will remain docketed under cause number 13-03-728-CV.