Sweed, James Lee v. Nye, Jay L.--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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JAMES LEE SWEED, ) No. 08-02-00217-CV

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Appellant, ) Appeal from

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v. ) 327th District Court

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JAY L. NYE, ) of El Paso County, Texas

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Appellee. ) (TC# 2000-4238)

O P I N I O N

Pending before the Court is a motion to dismiss the appeal due to settlement filed by James Lee Sweed, Appellant. The motion to dismiss is filed 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.

According to Appellant=s motion, the parties have settled all matters in controversy. Therefore, we dismiss the appeal pursuant to Rule 42.1(a)(2).

December 19, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 4

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

(Do Not Publish)