Opinion
No. 08-03-00393-CV.
January 29, 2004.
Appeal from 358th District Court of Ector County, Texas, (Tc# D-331-Pc).
Hon. Dewey D. Britt, Assistant Ector County Attorney for Appellant.
Jimmy Casias Pro Se.
Hon. Gary Garrison, Hon. Carol Gregg, Hon. H. Thomas Hirsch, Hirsch Stroder, L.L.P. Ad Litem.
Hon. Melissa Hirsch for Appellee.
Before Panel No. 2, BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
This appeal is before the court on the motion of Appellant, Texas Department of Protective and Regulatory Services, to dismiss this appeal 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 with the agreements; or
(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.
By its motion, Appellant voluntarily requests dismissal because it no longer desires to prosecute the appeal. None of the other parties to the appeal have objected to dismissal nor do they claim that dismissal would prevent them from seeking relief to which they would otherwise be entitled. Therefore, the motion is granted and the appeal is dismissed.