Lynn Allen Nobles v. Security State Bank and Trust ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-01-00728-CV

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Lynn Allen Nobles, Appellant

v.

Security State Bank and Trust, Appellee

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FROM THE DISTRICT COURT OF LLANO COUNTY, 33RD JUDICIAL DISTRICT NO. 12,192-A, HONORABLE GUILFORD L. JONES III, JUDGE PRESIDING

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O R D E R

PER CURIAM

On February 25, 2002, appellant Lynn Nobles filed a motion stating that the parties had resolved their dispute and requesting that this Court dismiss the appeal and vacate the underlying district-court judgment. Alternatively, Nobles asked that this Court grant him an extension of time to file his appellant's brief. Appellee Security State Bank responded to Nobles's motion stating that the parties agreed to a dismissal of the appeal but that the parties had not agreed to a dismissal of the underlying district-court cause and that it opposed entry of a judgment by this Court that would set aside the final judgment rendered in its favor. Further, Security State Bank responded that it did not oppose Nobles's request for an extension of time to file his brief.

We overrule Nobles's motion to dismiss the appeal and vacate the underlying judgment without prejudice to the parties filing a joint motion to dismiss the appeal. Further, Nobles's motion for an extension of time to file his appellant's brief is granted until April 22, 2002.

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

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