DocketNumber: 10-97-00244-CV
Filed Date: 12/10/1997
Status: Precedential
Modified Date: 10/19/2018
IN THE
TENTH COURT OF APPEALS
No. 10-97-244-CV
     BUTCH SIMS, AND VANCE SIMS,
     INDIVIDUALLY AND D/B/A SIMS
     ACRES DAIRY,
                                                                                              Appellants
     v.
     BOTTLINGER GRAIN COMPANY,
                                                                                              Appellee
From the 220th District Court
Hamilton County, Texas
Trial Court # H-148-95
                                                                                                              Â
MEMORANDUM OPINION
                                                                                                              Â
      On December 1, 1997, Appellants filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:
(a) The appellate court may dispose of an appeal as follows:
(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.
Tex. R. App. P. 42.1(a)(2).
      Appellants state that the parties have settled their controversy. Appellee has not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against Appellants.
                                                                               PER CURIAM
Before Chief Justice Davis,
      Justice Cummings, and
      Justice Vance
Dismissed
Opinion delivered and filed December 10, 1997
Do not publish
y:"Palatino","serif"'>Before Chief Justice Gray,
Justice Reyna, and
           Justice Davis
           (Chief Justice Gray dissenting)
Dismissed
Opinion delivered and filed September 1, 2010
[CV06]
[1] The motions asserted, among other things, that the costs had already been collected and paid out of AppellantÂs inmate account.