City of El Paso v. Alfonso Berry, Individually and DBA Miles Systems--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THE CITY OF EL PASO, )

) No. 08-05-00186-CV

Appellant, )

) Appeal from the

v. )

) 384th District Court

ALFONSO BERRY d/b/a MILES SYSTEMS, )

) of El Paso County, Texas

Appellee. )

) (TC# 99TX682)

)

O P I N I O N

Pending before the Court is the Appellant=s motion to dismiss this appeal. Texas Rules of Appellate Procedure 42.1(a)(1) 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.

Tex.R.App.P. 42.1(a)(1).

Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant represents to the Court that the parties have reached a settlement of all issues on appeal. The Court has considered this cause on the Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

June 23, 2005

DAVID WELLINGTON CHEW, Justice

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