Nissan North America, Inc. v. Motor City USA, L.L.C. and MCM Properties II, LTD.--Appeal from 358th District Court of Ector County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

NISSAN NORTH AMERICA, INC., ) No. 08-02-00235-CV

)

Appellant, ) Appeal from

)

v. ) 358th District Court

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MOTOR CITY USA, L.L.C. and ) of Ector County, Texas

MCM PROPERTIES II, LTD., )

) (TC# D-108,665)

Appellees. )

O P I N I O N

Pending before the Court is a joint motion to vacate and render a judgment of dismissal with prejudice. The parties have filed this motion pursuant to Tex.R.App.P. 42.1, which states that:

(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.

The parties have settled all matters in controversy. By their motion, the parties have agreed that the underlying judgment should be vacated and a judgment of dismissal with prejudice should be rendered. Pursuant to Rule 42.1(a)(1), we grant the joint motion, vacate the trial court=s judgment, and render a judgment of dismissal with prejudice. Further, in accordance with the agreement, each party is ordered to bear its own costs in the trial court and in this Court.

September 12, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

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

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