Amber Leal Brown v. Donald E. Brown ( 2005 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AMBER LEAL BROWN,                            Appellant, v. DONALD E. BROWN,                            Appellee.

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No. 08-04-00190-CV Appeal from the 300th District Court of Brazoria County, Texas (TC# 14319*RH00)

MEMORANDUM OPINION

           Pending before the Court is the Appellant’s motion to dismiss this appeal pursuant to Tex. R. App. P. 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 . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

           The Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant has requested that the Court grant her motion to dismiss the appeal pursuant to Texas Rules of Appellate Procedure Rule 43.2(f) because the parties have entered into a settlement agreement disposing of the underlying action. Texas Rules of Appellate Procedure Rule 43.2(f) provides that the appellate court may dismiss the appeal. The Court has considered this cause on the Appellant’s motion and concludes the motion should be granted and the appeal be dismissed. We therefore dismiss the appeal. The costs shall be borne by Appellant.

                                                                  RICHARD BARAJAS, Chief Justice

February 10, 2005

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