F&E Erection Company, CCC Group, Inc. d/b/a F&E Erection Company and United Conveyor Corporation v. Texas Utilities Electric Company--Appeal from 87th District Court of Freestone County

F&E Erection Company, CCC Group, Inc. d/b/a F&E Erection Company and United Conveyor Corporation /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-99-289-CV

 

F&E ERECTION COMPANY, CCC GROUP,

INC. d/b/a F&E ERECTION COMPANY,

Appellant

v.

 

TEXAS UTILITIES ELECTRIC COMPANY,

Appellee

 

From the 87th District Court

Freestone County, Texas

Trial Court # 95-374-B

MEMORANDUM OPINION

 

Appellant filed its notice of appeal in this cause on October 6, 1999. Twelve days later, Appellant filed a motion to dismiss its appeal because the parties have settled the case. A mediator has informed this Court by letter that the parties have in fact reached a settlement agreement.

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).

Appellant states that the parties have settled their controversy. Appellee has not 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 Vance, and

Justice Cummings (Retired)

(Justice Cummings not participating)

Dismissed

Opinion delivered and filed November 10, 1999

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