Opinion
No. 01-09-00554-CV
Opinion issued October 1, 2009.
On Appeal from the County Civil Court at Law No. 1, Harris County, Texas, Trial Court Cause No. 918,095.
Panel consists of Justices JENNINGS, HIGLEY, and SHARP.
MEMORANDUM OPINION
On September 24, 2009, appellant, Kerry Walter, and appellee, Unifund CCR Partners, filed a joint motion to dismiss Walter's restricted appeal, indicating that the parties have reached a settlement that renders this appeal unnecessary. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1).
The parties submitted their motion "pursuant to Texas Rule of Appellate Procedure 42.1(a)(2)." See TEX. R. APP. P. 42.1(a)(2). However, as the parties do not request this Court to either (1) render judgment effectuating their agreement; or (2) set aside the trial court's judgment and remand the case for rendition in accordance with the agreement; or (3) abate the appeal and permit proceedings in the trial court to effectuate the agreement, but ask us simply to dismiss the appeal, we construe the joint motion to dismiss as an unopposed appellant's motion to dismiss under rule 42.1(a)(1). Cf. TEX. R. APP. P.42.1(a)(2) and TEX. R. APP. P. 42.1(a)(1).
Any pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.