Wallace Osborne v. Midway Oilfield Constructors, Inc., et al.--Appeal from 12th District Court of Madison County

IN THE

TENTH COURT OF APPEALS

No. 10-97-202-CV

WALLACE OSBORNE,

Appellant

v.

MIDWAY OILFIELD CONSTRUCTORS,

INC. AND BILLY A. SMITH,

Appellees

From the 12th District Court

Madison County, Texas

Trial Court # 94-7412-012-06

MEMORANDUM OPINION

On October 20, 1997, Appellant Wallace Osborne filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

Osborne states that the parties have settled their controversy. Neither Appellee has filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against the appellant.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 5, 1997

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