Mark Manly v. Stanley M. Jarosz--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-062-CV

MARK MANLY,

Appellants

v.

STANLEY M. JAROSZ,

Appellees

From the County Court at Law #2

McLennan County, Texas

Trial Court # 95-1000-CV2

MEMORANDUM OPINION

Mark Manly appeals from a default judgment rendered in favor of Stanley Jarosz on December 11, 1995. On April 19, 1996, Manly filed a motion to dismiss his appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

Manly has certified that he served the motion on Jarosz, who seeks no affirmative relief in this court. The transcript for this appeal has been filed. Id.

Pursuant to the motion, the cause is dismissed.

PER CURIAM

Before Justice Cummings,

Justice Vance and

Chief Justice McDonald (Retired)

Dismissed on appellant's motion

Opinion delivered and filed May 1, 1996

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