Omni AG Corporation v. Advanced Pavement Maintenance, LTD. F/K/A Advanced Pavement Maintenance, Inc. ( 2005 )

NO. 07-05-0071-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

SEPTEMBER 13, 2005

______________________________



OMNI AG CORPORATION,

Appellant

v.

ADVANCED PAVEMENT MAINTENANCE, LTD., f/k/a ADVANCED PAVEMENT MAINTENANCE, INC.,

Appellee

_________________________________

FROM THE 320^TH DISTRICT COURT OF POTTER COUNTY;

NO. 90,150-D; HON. DON EMERSON, PRESIDING

_______________________________ ON MOTION TO DISMISS

________________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Omni Ag Corporation, appellant, and Advanced Pavement Maintenance, Ltd. f/k/a Advanced Pavement Maintenance, Inc., appellee, by and through their attorneys, have filed a motion to dismiss this appeal because the parties have fully compromised and settled all issues in dispute and neither desire to pursue the appeal. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at the parties' request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Chief Justice

2nd District Court of Hale County (trial court) for further proceedings. Upon remand, the trial court shall immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to determine the following:

          1. whether appellant desires to prosecute the appeal;

2. whether appellant is indigent; and,

3. whether the appellant is entitled to a free appellate record due to his indigency.

          The trial court shall cause the hearing to be transcribed. So too shall it 1) execute findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be developed a supplemental clerk’s record containing its findings of fact and conclusions of law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be developed a reporter’s record transcribing the evidence and arguments presented at the aforementioned hearing, if any. Additionally, the district court shall then file the supplemental records and reporter’s records transcribing the hearing with the clerk of this court on or before March 16, 2009. Should further time be needed by the trial court to perform these tasks, then same must be requested before March 16, 2009.

          It is so ordered.

                                                                           Per Curiam

Do not publish.