The Toro Company/Steven Jones v. Jones, Steven/The Toro Company--Appeal from County Court at Law No 3 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THE TORO COMPANY/STEVEN JONES, )

) No. 08-02-00089-CV

Appellant/Cross-Appellee, )

) Appeal from the

v. )

) County Court at Law #3

STEVEN JONES/THE TORO COMPANY, )

) of El Paso County, Texas

Appellee/Cross-Appellant. )

) (TC# 2000-2429)

)

MEMORANDUM OPINION

Pending before the Court is a joint motion by Appellant/Cross-Appellee and Appellee/Cross-Appellant to reverse the trial court=s judgment and remand this cause to the trial court for entry of an agreed dismissal with prejudice pursuant to the terms of their settlement agreement. Texas Rules of Appellate Procedure 42.1(a)(2), provides:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

. . .

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

(A) render judgment effectuating the parties= agreements;

(B) set aside the trial court=s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreements; or

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

The parties in their joint motion represent to this Court that all matters in controversy arising out of Steven Jones v. The Toro Company, cause number 2000-2429 in the County Court of Law Number Three of El Paso County, Texas, have been settled and compromised. The parties inform this Court that they have agreed that all costs shall be taxed against the party incurring the same. The parties have complied with the requirements of Rule 42.1(a)(2). The Court has considered this cause on the parties= motion and concludes the motion should be granted. Accordingly, we reverse the trial court=s judgment, order that costs be taxed against the party incurring the costs, and remand this cause to the trial court for entry of a dismissal order with prejudice in accordance with the parties= settlement agreement.

May 15, 2003

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

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