Stanley E. Newton v. William Fogelsanger

Newton v. Fogelsanger

IN THE

TENTH COURT OF APPEALS

No. 10-95-296-CV

     STANLEY E. NEWTON, ET AL.,

                                                                                              Appellants

     v.

     WILLIAM FOGELSANGER,

                                                                                              Appellee

From the 18th District Court

Johnson County, Texas

Trial Court # 91-95

MEMORANDUM OPINION

      On November 29, 1995, Stanley and William Newton filed a motion to dismiss their appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

(2)If no transcript has been filed, the agreement or motion shall be accompanied by certified or sworn copies of the judgment appealed from and of the appeal bond or other document perfecting or attempting to perfect the appeal or writ of error.

Tex. R. App. P. 59(a).

      The Newtons have certified that they served the motion on William Fogelsanger, who seeks no affirmative relief in this court. The transcript for this appeal has not been filed; however, they have provided us with copies of the judgment and appeal bond, in compliance with the rule. Id.       Pursuant to their motion, the cause is dismissed.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed on appellant's motion

Opinion issued and filed December 6, 1995

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