Wal-Mart Stores, Inc v. Dominga De Luna ( 2002 )

                                    NUMBER 13-00-00764-CV

                                COURT OF APPEALS

                                 THIRTEENTH DISTRICT OF TEXAS

                                   CORPUS CHRISTI B EDINBURG

WAL-MART STORES, INC.,                                                                        Appellant,

                                                                             v.

DOMINGA DE LUNA,                                                                                               Appellee.

                     On Appellant=s Motion to Dismiss Pursuant to Settlement.

                                     O P I N IO N

             Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

                                                             Opinion Per Curiam

This cause was submitted to this Court on January 23, 2002, on oral argument, the record, and briefs.  On December 3, 2002, appellant filed an unopposed motion to:  (1) dismiss the present appeal pursuant to settlement, and (2) remand this cause to the trial court to allow the trial court to vacate its judgment and dismiss all claims between the parties with prejudice.

The Court, having examined and fully considered the documents on file and the appellant=s motion to dismiss the appeal and remand to the trial court, is of the opinion that the motion should be granted.  See Tex. R. App. P. 42.1.  The appellant=s motion to dismiss the appeal is granted.  The appeal is dismissed and the cause is remanded to the trial court to allow the trial court to vacate its judgment and dismiss all claims between the parties with prejudice.

                        Per Curiam

Do not publish.  Tex. R. App. P. 47.3.

Opinion delivered and filed this the

19^th day of December, 2002.