James E. Burns, et al. v. Ennis State Bank, et al.--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-96-232-CV

JAMES E. BURNS, ET AL.,

Appellants

v.

ENNIS STATE BANK, ET AL.,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 93-2743-1

MEMORANDUM OPINION

On August 11, 1997, appellants filed an amended motion to dismiss this appeal. In relevant portion, Rule 59(a) of the Texas Rules of Appellate Procedure 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).

The appellants' motion states that the parties have agreed to a settlement of their disputes. As part of that settlement, the parties have agreed to the dismissal of this appeal with each party bearing its own costs. Appellants ask that the dismissal order provide that all parties are released from the conditions of their bonds. Appellants state that the motion is unopposed and is an agreed motion. //

Appellants have certified that they have served the motion on the appellees. Appellees sought no affirmative relief.

Therefore, under the authority of Rule 59(a), the cause is dismissed. All parties are to bear their own costs on this appeal. Having no authority to release the supersedeas bonds, we decline to do so.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed August 20, 1997

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