Juan Ramirez, Jr. v. Christy Ann Martel and Carmen Prieto--Appeal from 171st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JUAN RAMIREZ, JR., )

) No. 08-03-00047-CV

Appellant, )

) Appeal from the

v. )

) 171st District Court

CHRISTY ANN MARTEL and CARMEN )

PRIETO, ) of El Paso County, Texas

)

Appellees. ) (TC# 2002-1668)

)

MEMORANDUM OPINION

Pending before the Court is the Appellant=s motion to dismiss this appeal pursuant to Texas Rules of Appellate Procedure 42.1(a)(1), which states: (a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant represents to the Court that the parties to the underlying lawsuit have settled all matters raised therein and that there remains no question for determination by this Court. We have considered this cause on the Appellant=s motion and conclude that the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

May 1, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

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