Waxahachie Independent School District v. Tim Johnson and Ed White ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-04-00367-CV

Waxahachie Independent

School District,

                                                                      Appellant

 v.

Tim Johnson and Ed White,

                                                                      Appellees

From the 40th District Court

Ellis County, Texas

Trial Court No. 68721

Order

          Appellant’s motion for rehearing is denied.  The opinion and judgment dated September 7, 2005 are withdrawn, and the opinion and judgment of even date herewith are substituted therefor.  The dissenting opinion of September 7, 2005 by Chief Justice Gray is not withdrawn.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Order issued and filed November 23, 2005

[CR25]

tify; line-height: 0.388889in">      The Appellant has filed a motion to dismiss this appeal in which it asserts that the parties have settled their dispute. In relevant portion, Rule 42.1 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 party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1.

      The appeal is dismissed. Costs are taxed against the party incurring them.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed August 1, 2001

Do not publish