Sandoval, Jaime, Claudia Sandoval and CJ Treehouse, Inc. v. Kiddie World, Inc.--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JAIME SANDOVAL, CLAUDIA SANDOVAL, AND CJ TREEHOUSE, INC.,

Appellants,

v.

KIDDIE WORLD, INC.,

Appellee.

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No. 08-02-00220-CV

Appeal from the

327th District Court

of El Paso County, Texas

(TC# 2000-2764)

O P I N I O N

Appellants move to dismiss their appeal pursuant to Tex. R. App. P. 42.1(a). The rule states:

(a) The appellate court may dispose of an appeal as follows:

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

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Appellants have complied with the requirements of Rule 42.1(a)(2). Although appellants need only comply with either subsection (1) or (2), we note that the motion is agreed to and signed by the attorney for appellee, thus placing it in compliance with Tex. R. App. P. 42.1(a)(1) as well.

We grant appellants= motion and dismiss the appeal.

SUSAN LARSEN, Justice

June 20, 2002

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)