Victor Alonzo and Cindy Alonzo v. Security State Bank ( 2005 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

VICTOR ALONZO AND CINDY ALONZO,                            Appellants, v. SECURITY STATE BANK,                             Appellee.

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No. 08-04-00318-CV Appeal from the 143rd District Court of Reeves County, Texas (TC# 04-09-18095-CVR)

MEMORANDUM OPINION

           Pending before the Court is the parties’ joint motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(2), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

. . .

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, . . . .

           The Appellants and Appellee have complied with the requirements of Rule 42.1(a)(2). The parties have requested that the Court grant their motion to dismiss the appeal for the reason that the parties have compromised and settled all disputes they have between them pursuant to Texas Rules of Appellate Procedure Rule 43.2(f). Texas Rule of Appellate Procedure 43.2(f) provides that the appellate court may dismiss the appeal. The Court has considered this cause on the parties’ motion and concludes the motion should be granted and the appeal be dismissed pursuant to the terms of their settlement agreement. The parties have agreed to bear their own costs. We therefore dismiss the appeal.

                                                                  RICHARD BARAJAS, Chief Justice

May 19, 2005

Before Barajas, C.J., McClure, and Chew, JJ.