HBC Land Limited Partnership, a Texas Limited Partnership, and K. Douglas Wright v. the City of El Paso, Texas and Tropicana Development, Inc. ( 2006 )

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

HBC LAND LIMITED PARTNERSHIP, A       )

Texas Limited Partnership, and K. DOUGLAS  )

WRIGHT,                                                            )

) No. 08-06-00259-CVAppellants,)

) Appeal from the

v.                                                                          )

) 171st District Court

THE CITY OF EL PASO, TEXAS,                    )

TROPICANA DEVELOPMENT, INC., and      )      of El Paso County, Texas

EPT LAND ASSETS, LP,                                   )

) (TC# 2006-429)

                                    Appellees.                        )

)

)

MEMORANDUM OPINION

            Pending before the Court is the Appellants’ motion to dismiss their appeal against Appellee EPT Land Assets, LP only and to dismiss Appellee EPT Land Assets, LP only from the appeal. Texas Rules of Appellate Procedure 42.1(a)(1) 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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Tex.R.App.P. 42.1(a)(1).

            Appellants have complied with the requirements of Rule 42.1(a)(1). Appellants request their claims against Appellee EPT Land Assets, LP only be dismissed from the appeal and that each of the parties hereto go forth bearing its own costs. Appellee EPT Land Assets, LP has indicated its agreement to the filing of this motion. We have considered this cause on Appellants’ motion and conclude that the motion should be granted. Therefore, we dismiss the Appellants’ claims against Appellee EPT Land Assets, LP ONLY and Appellee EPT Land Assets, LP ONLY is dismissed from the appeal. The other parties and claims remain pending in this appeal.

November 16, 2006

DAVID WELLINGTON CHEW, Chief Justice

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