Air, Soil and Water Environmental Consultants, Inc. v. Nussbaum, Torres & Company, P. C. and Lowell Nussbaum--Appeal from 41st District Court of El Paso County

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

AIR, SOIL AND WATER

)

ENVIRONMENTAL CONSULTANTS, INC.,

)
No. 08-03-00293-CV)

Appellant,

)
Appeal from)

v.

)
41st District Court)

NUSSBAUM, TORRES & COMPANY, P.C.,

)
o f El Paso County, Texas

and LOWELL NUSSBAUM,

)
)
(TC #2001-3786)

Appellees.

)
MEMORANDUM OPINION

Pending before the Court is a joint motion to dismiss the appeal with prejudice due to settlement of the underlying dispute. The parties have filed this motion 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 wit [sic] the agreements; or

 

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

 

The parties have settled all matters in controversy. By their motion, the parties have agreed that the appeal be dismissed with prejudice. The motion is granted and the appeal is dismissed. Pursuant to the agreement of the parties, costs are taxed against the party incurring same. See Tex.R.App.P. 42.1(d).

 

March 25, 2004

ANN CRAWFORD McCLURE, Justice

 

Before Panel No. 4

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