Hector Hernandez Martinez v. Juan Herrera and Met-Tech, Inc.--Appeal from County Court at Law No 7 of El Paso County

Becker v. State COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
)

HECTOR HERNANDEZ MARTINEZ,

)
No. 08-03-00181-CV)

Appellant,

)
Appeal from)

v.

)
County Court at Law No. 7)

JUAN HERRERA and MET-TECH, INC.,

)
of El Paso County, Texas)

Appellees.

)
(TC# 2000-2566)
MEMORANDUM OPINION

Pending before the Court is the joint motion of Appellant, Hector Hernandez Martinez, and Appellees, Juan Herrera and Met-Tech Inc., to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which states that:

(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.

 

(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.

 

By their motion, Appellant and Appellees voluntarily request dismissal of the appeal because the parties have settled all matters in controversy. The motion is granted and the appeal is dismissed with prejudice. Pursuant to the parties' agreement, we assess costs against the party incurring same. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

 

October 16, 2003

ANN CRAWFORD McCLURE, Justice

 

Before Panel No. 2

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