Asarco, Incorporated and Capco Pipe Company Incorporated v. Douglas Kwasnik, Arliene Pearson, Justin Kwasnik, et al.--Appeal from County Court at Law No 3 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ASARCO, INCORPORATED and )

CAPCO PIPE COMPANY INCORPORATED, ) No. 08-02-00226-CV

)

Appellants, ) Appeal from

)

v. ) County Court at Law No. 3

)

DOUGLAS KWASNIK, ARLIENE ) of El Paso County, Texas

PEARSON, JUSTIN KWASNIK, et al., )

) (TC# 2001-297)

Appellees. )

O P I N I O N

Pending before the Court is the motion of Appellants, Asarco, Incorporated and Capco Pipe Company Incorporated, 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 their motion, Appellants voluntarily request dismissal of the appeal pursuant to Rule 42.1(a)(2) because they no longer desire to pursue the appeal. Because Appellants have established compliance with Rule 42.1(a)(2), we grant Appellants= motion and dismiss the appeal.

November 7, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 2

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

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