State v. James Byron Rodgers ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00107-CR

The State of Texas,

                                                                      Appellant

 v.

James Byron Rodgers,

                                                                      Appellee

From the County Court at Law

McLennan County, Texas

Trial Court No. 2004-3927-CR1

MEMORANDUM  Opinion

          For the reasons stated in State v. Stanley, No. 10-05-00101-CR (Tex. App.—Waco July 27, 2005, no pet. h.) (per curiam), this appeal is dismissed.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissenting)

Appeal dismissed

Opinion delivered and filed July 27, 2005

Do not publish

[CR25]

60;     Melartin Trust filed suit against Bank of America alleging theories of recovery for conversion and money had and received. The court granted the bank’s motion for summary judgment and rendered a take-nothing judgment. Melartin Trust appealed.

      Melartin Trust has now filed a motion to dismiss the appeal. The motion states that the parties have settled the case. The parties have also provided a copy of their settlement agreement, which indicates that each party will pay its own costs. 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).

      Melartin Trust’s dismissal motion satisfies the requirements of the appellate rules. The bank has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against the party incurring same. See id. 42.1(d).

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed July 23, 2003

[CV06]