Doyle, Jerome Joseph v. Belle, Joseph--Appeal from County Court at Law No 5 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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JEROME JOSEPH DOYLE, ) No. 08-02-00007-CV

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Appellant, ) Appeal from

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v. ) County Court at Law No. 5

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JOSEPH BELLE, ) of El Paso County, Texas

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Appellee. ) (TC# 2001-3495)

O P I N I O N

Pending before the court is the joint motion of Appellant, Jerome Joseph Doyle, and Appellee, Joseph Belle, to reverse the trial court=s judgment and remand pursuant to an agreement of the parties. Tex.R.App.P. 42.1 states that:

42.1 Voluntary Dismisal in Civil Cases

(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.

By their joint motion filed pursuant to Rule 42.1(a)(1), the parties have informed the court that they have entered into an agreement to reverse the judgment and remand the cause to the trial court for further proceedings, with each party bearing his own costs of appeal. Having established compliance with Rule 42.1(a)(1), we grant the motion. The judgment is reversed and remanded to the trial court.

August 1, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

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