Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, Milliken Construction Co., Inc., and Lucero/Melendez Architects, Inc. v. Constance O'Leary--Appeal from 210th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

 
Young Mens Christian Association of Greater El Paso, Texas and Rio Grande Valley, Milliken Construction Company, Inc. and Lucero Melendez Architects, Inc.,

Appellants,

 

v.

 

Constance O'Leary,

 

Appellee.

 

 

 

 

 

No. 08-03-00077-CV

 

Appeal from the

 

210th Judicial District Court

 

of El Paso County, Texas

 

(TC#2000-2137)

 
M E M O R A N D U M O P I N I O N

Pending before the Court is the parties' joint motion to reverse and remand this appeal pursuant to Tex. R. App. P. 42.1(a)(1), which states:

(a) On Motion or By Agreement. 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; . . .

 

The Appellants and Appellee have complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on the parties' motion and concludes the motion should be granted and the cause be reversed and remanded to the trial court for entry of an agreed dismissal with prejudice pursuant to the terms of their settlement agreement. We therefore reverse the judgment of the trial court and remand this matter for further action consistent with this opinion.

April 6, 2004

_______________________________________

RICHARD BARAJAS, Chief Justice

 

Before Panel No. 3

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

 

(Larsen, J., not participating)