American Home Assurance Company, Gary Ivy and Dmitry Golovko, M.D. v. Loneta Woodard ( 2007 )

NO. 07-06-0442-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL E
NOVEMBER 5, 2007
______________________________
DMITRY GOLOVKO, M.D.,
Appellant
v.
LONETTA WOODARD,
Appellee
_________________________________
FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2006-534,351; HON. WILLIAM C. SOWDER, PRESIDING
_______________________________
Order of Dismissal Due to Settlement
_______________________________
Before QUINN, C.J., PIRTLE, J., and BOYD, S.J.1
The parties to this proceeding represent that they have settled their dispute and
seek the dismissal of the appeal. However, they request that the appeal be abated and
remanded so that the trial court may order dismissal. Yet, despite our solicitations, neither
provided us with authority illustrating that a trial court has the jurisdiction to dismiss an
1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignm ent. T E X . G O V ’T
C OD E A N N . §75.002(a)(1) (Vernon Supp. 2007).
appeal. Nor did they indicate why they wanted the trial court to dismiss the appeal as
opposed to this court.
Given the representation that they settled the cause and request dismissal and their
failure to provide authority disclosing that a trial court may dismiss a cause pending in an
appellate court, we deny the request to abate and dismiss the appeal ourselves.
Accordingly, we deny the motion to abate and dismiss the appeal due to settlement.
Per Curiam
2