Opinion
No. 08-02-00340-CV
May 20, 2004.
Appeal from County Court at Law No. 5 of El Paso County, Texas, (Tc# 2000-3228).
Hon. Charles E. Hawthorne, Ruidoso, NM, for appellant.
Hon. Steven L. Hughes; Mounce, Green, Myers, Safi Galatzan, El Paso, TX, for appellee.
Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
On March 18, 2004, the Court issued an opinion affirming the trial court's judgment. Pending before the Court is the joint motion of Appellant, Patricia Ordorica, and Appellee, Anthony Juarbe, to dismiss this appeal with prejudice 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 wit [sic] the agreements; or
(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.
By their motion, Appellant and Appellee voluntarily request dismissal of the appeal because the parties have settled all matters in controversy. The motion is granted. We therefore withdraw our judgment and opinion dated March 18, 2004, and dismiss the appeal with prejudice. Pursuant to the parties' agreement, we assess costs against the party incurring same. See Tex.R.App.P. 42.1(d) (absent agreement of the parties, the court will tax costs against the appellant).