in the Interest of H.M.C. a Child ( 2001 )

In the Interest of HMC, a Child

  IN THE

TENTH COURT OF APPEALS

No. 10-00-395-CV

IN THE INTEREST OF H.M.C., A CHILD

From the 74th District Court

McLennan County, Texas

Trial Court # 96-2554-3,3

MEMORANDUM OPINION

      The Appellant has filed a motion to dismiss this appeal in which she 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 motion is signed by counsel for both parties. The appeal is dismissed. As per the agreement of the parties, 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 November 21, 2001

Do not publish

[CV06]