Danita E. Anderson v. Erin Capital Managment as Assignee of Citibank Platium Select ( 2011 )

MEMORANDUM OPINION
No. 04-10-00857-CV
Danita E. ANDERSON,
Appellant
v.
ERIN CAPITAL MANAGEMENT as Assignee of Citibank Platinum Select,
Appellee
From the County Court at Law No. 5, Bexar County, Texas
Trial Court No. 354484
Honorable Linda F. Penn, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: June 15, 2011
DISMISSED
The parties have filed a document titled, “Agreed Motion to Dismiss Appeal.” In the
motion, the parties state they “have resolved all issues related to this action” and “ask the Court
to dismiss Appellee’s original cause of action” “with prejudice to the refiling of same by either
party.” The motion is signed by appellant, who is pro se, and by appellee’s attorney of record.
Based on the joint motion, the intent of the parties is to dismiss not only this appeal but the
underlying cause of action with prejudice.
04-10-00857-CV
The motion is granted. All previous orders and judgments, both trial and appellate, are set
aside and the cause is dismissed with prejudice. See Merrill Lynch, Pierce, Fenner, & Smith, Inc.
v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Exxon Corp. v. Butler, 619 S.W.2d 399, 399 (Tex.
1981); Freeman v. Burrows, 171 S.W.2d 863, 863-64 (1943); Caballero v. Heart of Texas Pizza,
L.L.C., 70 S.W.3d 180, 181 (Tex. App.—San Antonio 2001, no pet.). Costs of appeal are taxed
against appellant. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will
tax costs against the appellant.”).
PER CURIAM
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