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Form: Dismiss TRAP 42.2 Appellant's Motion
COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
TOOTSIE SIMS,
Appellant,
v.
TRANSMOUNTAIN OIL COMPANY, L.C.,
Appellee.
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No. 08-03-00469-CV
Appeal from the
171st Judicial District Court,
El Paso County, Texas
TC# 2002-2511
M E M O R A N D U M O P I N I O N
Pending before the Court is the Appellant's motion to dismiss this appeal pursuant to Texas Rules of Appellate Procedure 42.1(a)(1), which states:
(a) On Motion or By Agreement. 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 disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant further asks that this Court assess costs of appeal against the party incurring the same. Appellee's counsel has conferred with Appellant's counsel regarding the merits of this motion and does not oppose it. See Tex.R.App.P. 42.1(d) (Absent agreement of the parties, the court will tax against the Appellant). We have considered this cause on the Appellant's motion and conclude that the motion should be granted. We therefore dismiss the appeal and access the costs of appeal against the party incurring the same.
January 21, 2004_______________________________________
RICHARD BARAJAS, Chief Justice
Before Panel No. 4
Barajas, C.J., Larsen, and McClure, JJ.
Document Info
Docket Number: 08-03-00469-CV
Filed Date: 1/21/2004
Precedential Status: Precedential
Modified Date: 9/9/2015