Marlin Independent School District and Falls County v. Carlo F. Salvato, Individually and Doing Business as L&S Cotton Harvesting, et al.--Appeal from 82nd District Court of Falls County

IN THE

TENTH COURT OF APPEALS

No. 10-97-332-CV

MARLIN INDEPENDENT SCHOOL

DISTRICT AND FALLS COUNTY,

Appellants

v.

CARLO F. SALVATO, INDIVIDUALLY

AND D/B/A L&S COTTON HARVESTING,

AND TONY LOMBARDO, INDIVIDUALLY

AND D/B/A L&S COTTON HARVESTING,

Appellees

From the 82nd District Court

Falls County, Texas

Trial Court # 31,541-T

MEMORANDUM OPINION

Appellants filed suit against Appellees seeking to collect delinquent ad valorem taxes. The trial court rendered a take-nothing judgment. Appellants timely filed a notice of appeal. The parties initially filed an agreed motion requesting that we set aside the judgment and render judgment in Appellants favor in accordance with the terms of their settlement agreement.

We denied the agreed motion because it did not contain a certificate of service or a certificate of conference. See Tex. R. App. P. 10.1(a)(4), (5).

On February 23, 1999 Marlin Independent School District and Falls County filed a motion to dismiss this appeal. Rule 42 of the Texas Rules of Appellate procedure controls the disposition of this motion. The relevant portion of Rule 42 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).

Marlin Independent School District and Falls County state 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 appellants.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed March 24, 1999

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