Michael Jerome Clark v. State ( 1994 )

Neil Chur, et al. v. Ninfa Lorea, et al.

  IN THE

TENTH COURT OF APPEALS

No. 10-00-059-CV

     NEIL CHUR, ET AL.,

                                                                              Appellants

     v.

     NINFA LOERA, ET AL.,

                                                                              Appellees

From the 82nd District Court

Robertson County, Texas

Trial Court # 99-09-15,831-CV-A

MEMORANDUM OPINION

      On December 7, 2000, the parties filed a motion to “vacate and render judgment pursuant to settlement.” They ask that we dismiss this action with prejudice. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk;

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

      The motion states that all matters in controversy have been amicably compromised and settled. It is signed by attorneys for both parties.

      Therefore, under the authority of Rule 42.1, the judgment is vacated and the case is dismissed. Id.; see also Tex. R. App. P. 43.2(e). Costs are taxed against the party incurring them.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed December 20, 2000

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