Marcus Steiner v. Shane F. Nesler.--Appeal from County Court at Law No 3 of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-99-293-CV

MARCUS STEINER,

Appellant

v.

SHANE F. NESTLER,

Appellee

From the County Court at Law No. 3

Dallas County, Texas

Trial Court # 97-6125

MEMORANDUM OPINION

On June 8, 2000, Appellant Marcus Steiner and Appellee Shane F. Nestler filed a joint 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:

(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 other party may be prevented from seeking any relief to which it would otherwise be entitled.

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

The joint motion was signed by the parties attorneys. In the motion, the parties state that they have reached a settlement agreement and request that we tax the costs of this proceeding against Steiner. Accordingly, this cause is dismissed with costs to be taxed against Marcus Steiner.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed July 5, 2000

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