City of Marshall, Texas v. Jason McBride and Christi McBride, Individually and as Next Friend of Levi McBride--Appeal from County Court at Law of Harrison County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00141-CV

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CITY OF MARSHALL, TEXAS, Appellant

V.

JASON MCBRIDE AND CHRISTI MCBRIDE, INDIVIDUALLY AND AS NEXT FRIEND OF LEVI MCBRIDE, Appellees

On Appeal from the County Court at Law

Harrison County, Texas

Trial Court No. 2004-6551-CCL

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

The City of Marshall, Texas, appellant, appealed the trial court's denial of its plea to the jurisdiction in this suit brought by Jason McBride and Christi McBride, individually and as next friend of Levi McBride. The parties have filed with this Court a joint motion to dismiss this appeal, which motion has been signed by the attorney for each party.

Pursuant to Rule 42.1(a)(2) of the Texas Rules of Appellate Procedure, we grant the agreed motion to dismiss. See Tex. R. App. P. 42.1(a)(2). Further, based on the parties' agreement, we 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 agreement. See Tex. R. App. P. 42.1(a)(2)(B). Pursuant to the parties' agreement, the City of Marshall shall bear the costs of the appeal.

We dismiss the appeal.

Josh R. Morriss, III

Chief Justice

Date Submitted: January 18, 2006

Date Decided: January 19, 2006