El Paso Independent School District v. Irma J. Lopez--Appeal from County Court at Law No 3 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

EL PASO INDEPENDENT SCHOOL )

DISTRICT, ) No. 08-06-00045-CV

)

Appellant, ) Appeal from the

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v. ) County Court at Law #3

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IRMA J. LOPEZ, ) of El Paso County, Texas

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Appellee. ) (TC# 2004-4376)

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O P I N I O N

This appeal arises from an order of the trial court denying Appellant El Paso Independent School District=s plea to the jurisdiction. Appellee Irma Lopez sued Appellant alleging that her termination was in retaliation for filing a workers= compensation claim in violation of the Texas Workers= Compensation Act. See Tex.Lab.Code Ann. ' 451.001 (Vernon 2006). In response, Appellant filed a special exception, general denial, and plea to the jurisdiction. The trial court denied Appellant=s plea to the jurisdiction by written order and Appellant timely filed its notice of appeal.

Pending before the Court is Appellant=s motion to dismiss the appeal. See Tex.R.App.P. 42.1(a)(1). Appellant represents to the Court that all matters in controversy have been settled and compromised and that dismissal would not prevent Appellee from seeking relief to which she would otherwise be entitled. Appellant has complied with the requirements of Rule 42.1(a)(1).

We have considered this cause on the motion and conclude that the motion should be granted. Therefore, we GRANT Appellant=s motion to dismiss and dismiss this appeal. Costs in this Court are taxed against Appellant. See Tex.R.App.P. 42.1(d).

July 6, 2006

DAVID WELLINGTON CHEW, Justice

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