Barrow-Heath Investments, Inc., and Barrow-Heath Limestone, LTD./Limestone Group, Inc. v. Limestone Group, Inc./Barrow-Heath Investments, Inc., and Barrow-Heath Limestone, LTD--Appeal from County Court at Law No 4 of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BARROW-HEATH INVESTMENTS, INC., AND BARROW-HEATH LIMESTONE, LTD./LIMESTONE GROUP, INC.,

Appellants/Cross-Appellees,

v.

LIMESTONE GROUP, INC./BARROW-HEATH INVESTMENTS, INC., AND BARROW-HEATH LIMESTONE, LTD.,

Appellee/Cross-Appellant.

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No. 08-02-00155-CV

Appeal from the

County Court at Law No. 4

of Dallas County, Texas

(TC# CC-01-01761-D)

O P I N I O N

Limestone Group, Inc. brought suit against Barrow-Heath Investments, Inc., a Texas corporation, individually, and d/b/a Barrow-Heath Limestone, Ltd. and Chicago Title Insurance Co. Barrow-Heath Limestone, Ltd. brought appeal of a February 1, 2002 judgment in favor of Limestone and awarding no damages on the Barrow-Heath counterclaim. Limestone filed a cross-appeal based on the trial court=s denial of its claims for declaratory judgment and foreclosure of its judgment lien and based on the trial court=s assessment of defendant Chicago Title=s attorney=s fees against it.

A joint motion to dismiss the appeal is before this Court. The agreement is signed by attorneys for the parties.[1]

We have authority under Tex. R. App. P. 42.1 to dispose of an appeal in accordance with an agreement signed by all parties or their attorneys and filed with the clerk. Tex. R. App. P. 42.1(a)(1). Because the parties have complied with the requirements of Rule 42.1(a)(1), we conclude that the motion should be granted and the appeal should be dismissed.

SUSAN LARSEN, Justice

June 20, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)

[1]Although Rex Nichols is listed and signs as AAttorney for Appellees,@ we believe this is typographical error. Nichols is attorney for Barrow-Heath Investments, Inc. and Barrow-Heath Limestone, Ltd., the appellants in this cause. Limestone and Chicago Title were listed as appellees, and counsel for each signed the agreement.