sherrill-lynn-barton-in-her-capacities-as-independent-and-trustee-of-the ( 2000 )

Sherrill Lynn Barton, et al. v. Rockland Pipeline Company

  IN THE

TENTH COURT OF APPEALS

No. 10-99-272-CV

     SHERRILL LYNN BARTON, ET AL.,

                                                                              Appellants

     v.

     ROCKLAND PIPELINE COMPANY,

                                                                              Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 96-276-B

MEMORANDUM OPINION

      On June 30, 2000, Appellant Sherrill Lynn Barton, in her capacities as Independent Executrix and Trustee of the estate and under the will of Glenda McSwane Hughes and as Independent Executrix of the estate of Lesta Whitaker McSwane and as successor Trustee of the Cynthia Ann Hughes Glover trust, Appellant Cynthia Ann Hughes, individually and in her capacities as Independent Executrix and Trustee of the estate and under the will of R.Q. McSwane, and Appellant B. Richardson, Inc., and Appellee Rockland Pipeline Company filed an agreed motion to dismiss their respective appeals. In relevant portion, Rule 42.1(a) 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; or

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

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

      The agreed motion was signed by the parties’ attorneys. In the motion, the parties state that the cause has been fully settled and ask that we dismiss the appeal in its entirety. Accordingly, this cause is dismissed. Costs are taxed against the party incurring them, in accordance with the parties’ motion.

                                                                   PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed July 19, 2000

Do not publish

ign: justify">Opinion delivered and filed January 14, 2004

Do not publish

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