Opinion
No. 10-03-162-CV.
Opinion delivered and filed August 20, 2003.
Appeal from the 66th District Court, Hill County, Texas, Trial Court #38728A.
Appeal dismissed.
Chris J. Harris and David Lee Cook, Chris J. Harris Associates, P.C. Arlington, TX, for appellant.
Gregg Hill, Sims, Moore, Hill Gannon, L.L.P. Hillsboro, TX, appellee.
Before Justice VANCE, Justice GRAY, and Senior Justice HILL (Sitting by Assignment).
MEMORANDUM OPINION
The Bank filed suit against Walter H. Kuehler and Doris S. West seeking to recover on two promissory notes. West filed bankruptcy. The court granted The Bank's motion for summary judgment against Kuehler. The court severed the claims against Kuehler from the claims against West, and Kuehler appealed.
Kuehler has now filed a motion to dismiss his appeal. He states that the parties have settled their dispute and asks that costs be taxed against the party incurring same.
Rule of Appellate Procedure 42.1(a)(1) provides:
(a) 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 such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Tex.R.App.P. 42.1(a)(1).
Kuehler's dismissal motion satisfies the requirements of the appellate rules. The certificate of conference states that The Bank "agrees to this motion." Accordingly, we dismiss the appeal with costs to be taxed against the party incurring same. See id. 42.1(d).