Service Merchandise Co., Inc. v. Misti Thorpe--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-98-223-CV

SERVICE MERCHANDISE CO., INC.,

Appellant

v.

MISTI THORPE,

Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 96-3927-3

MEMORANDUM OPINION

On September 1, 2000, the appellant filed a letter requesting that the appeal be dismissed. We treated it as a voluntary motion to dismiss. See Tex. R. App. P. 42.1.

In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:

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

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

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

Tex. R. App. P. 42.1.

The motion states that the parties have agreed to a settlement of their dispute. The appellee has not responded to that motion. Therefore, under the authority of Rule 42.1, the cause is dismissed. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed October 11, 2000

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