Goodyear Tire and Rubber Company v. John Davis ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-488 CV ____________________

GOODYEAR TIRE AND RUBBER COMPANY, Appellant/Cross-Appellee

V.

JOHN DAVIS, Appellee/Cross-Appellant

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On Appeal from the 136th District Court Jefferson County, Texas Trial Cause No. D-172550

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MEMORANDUM OPINION

The appellant/cross-appellee, Goodyear Tire and Rubber Company, and the appellee/cross-appellant, John Davis, filed a joint motion to dismiss this appeal with prejudice. The parties allege they have resolved all disputes and agreed to dismiss this appeal. The parties ask this Court to issue the mandate immediately. See Tex. R. App. P. 18.1(c). The Court finds that the motion is voluntarily made by the parties through their attorneys of record prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ordered that the motion to dismiss be granted and the appeal is therefore dismissed. The request to issue the mandate early is granted. We direct the Clerk of the Court of Appeals to issue the mandate immediately. All costs are assessed against the incurring party.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered February 16, 2006

Before Gaultney, Kreger, and Horton, JJ.