Elmer Albright v. Larry Wornat--Appeal from 82nd District Court of Falls County

IN THE

TENTH COURT OF APPEALS

No. 10-99-353-CV

ELMER ALBRIGHT,

Appellant

v.

LARRY WORNAT,

Appellee

From the 82nd District Court

Falls County, Texas

Trial Court # 32423

MEMORANDUM OPINION

On June 16, 2000, Appellant Elmer Albright 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:

(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 motion was signed by Albright himself and his attorney. In the motion, Albright states that the parties have reached a settlement agreement. Accordingly, this cause is dismissed with costs to be taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

(Justice Gray concurring and dissenting)

Dismissed

Opinion delivered and filed July 26, 2000

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