Juan Pablo Monticelli and Border Belt Company, Inc./Charles Hardtke, Inc., Charles L. Hardtke, Roger Zimmerman, Ind., Jointly and Severally v. Charles Hardtke, Inc., Charles L. Hardtke, Roger Zimmerman, Ind., Jointly and Severally/Juan Pablo Monticelli and Border Belt Company, Inc.--Appeal from 327th District Court of El Paso County

Form: Dismiss TRAP 42.1(a)(1)

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
JUAN PABLO MONTICELLI AND BORDER BELT COMPANY, INC./CHARLES HARDTKE, INC., CHARLES L. HARDTKE, AND

ROGER ZIMMERMAN,

 

Appellants,

 

v.

 

CHARLES HARDTKE, INC., CHARLES L. HARDTKE, ROGER ZIMMERMAN/JUAN PABLO MONTICELLI AND BORDER BELT COMPANY, INC.,

 

Appellees.

 

 

 

 

 

No. 08-02-00339-CV

 

Appeal from the

 

327th Judicial District Court

 

of El Paso County, Texas

 

(TC#2000-1787)

 
M E M O R A N D U M O P I N I O N

Pending before the Court is the joint motion to dismiss this appeal pursuant to Tex. R. App. P. 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.

. . .

 

The parties have complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on the joint motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

December 29, 2003

 

_______________________________________

RICHARD BARAJAS, Chief Justice

 

Before Panel No. 4

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