Hoodenpyle, James M. v. Jones, Roger W. d/b/a Pecos Farmers Produce and Pecos Farmers Produce, Inc.--Appeal from 143rd District Court of Reeves County

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

JAMES M. HOODENPYLE, ) No. 08-02-00204-CV

)

Appellant, ) Appeal from

)

v. ) 143rd District Court

)

ROGER W. JONES d/b/a PECOS FARMERS ) of Reeves County, Texas

PRODUCE and PECOS FARMER=S )

PRODUCE, INC., ) (TC# 00-06-16725-CVR)

)

Appellees. )

O P I N I O N

Pending before the Court is the motion of Appellant, James M. Hoodenpyle, to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which states that:

(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.

By his motion, Appellant voluntarily requests dismissal of the appeal pursuant to Rule 42.1(a)(2) because the parties have reached a settlement. Because Appellant has established compliance with Rule 42.1(a)(2), we grant Appellant=s motion and dismiss the appeal.

 

September 19, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

Barajas, C.J., McClure, and Chew, JJ.

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