John Franz Hassenflu and Sandra Lynn Hassenflu v. Thomas S. Gunville and Tana E. Gunville--Appeal from 394th District Court of Brewster County

Becker v. State COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
)

JOHN FRANZ HASSENFLU and

)

SANDRA LYNN HASSENFLU,

)
No. 08-03-00431-CV)

Appellants,

)
Appeal from)

v.

)
394th District Court)

THOMAS S. GUNVILLE and

)
of Brewster County, Texas

TANA E. GUNVILLE,

)
)
(TC# 97-11-B7169-CV)

Appellees.

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MEMORANDUM OPINION

Pending before the Court is a motion filed by Appellants to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which states that:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

 

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

 

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

 

(A) render judgment effectuating the parties' agreements;

 

(B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreements; or

 

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

 

By their motion, Appellants voluntarily request dismissal of the appeal because the trial court has set aside the order which is the subject of the appeal. Appellees have not filed any objection to the dismissal and there is no showing that any party will be prevented by this dismissal from seeking relief to which they would otherwise be entitled. Accordingly, the motion is granted and the appeal is dismissed. Absent agreement of the parties, costs of appeal are taxed against Appellants. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

 

January 29, 2004 ANN CRAWFORD McCLURE, Justice

 

Before Panel No. 2

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