Ageda C. Abalos, et al. v. S & B Engineers and Constructors, Ltd., et al.--Appeal from 358th District Court of Ector County

Form: Dismiss TRAP 42.1(a)(2)

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
AGEDA C. ABALOS, ET AL.,

Appellants,

 

v.

 

S & B ENGINEERS & CONSTRUCTION, LTD. AND HUNTSMAN POLYMERS CORPORATION,

 

Appellees.

 

 

 

 

No. 08-03-00088-CV

 

Appeal from the

 

358th Judicial District Court

 

of Ector County, Texas

 

(TC# D-110,273-A)

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)(2), which states:

(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 have complied with the requirements of Rule 42.1(a)(2). 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.

September 25, 2003

_______________________________________

RICHARD BARAJAS, Chief Justice

 

Before Panel No. 4

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