Jose Soto v. Dust-Tex Services, Inc.--Appeal from 120th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOSE SOTO, )

) No. 08-03-00307-CV

Appellant, )

) Appeal from the

v. )

) 120th District Court

DUST-TEX SERVICES, INC., )

) of El Paso County, Texas

Appellee. )

) (TC# 2002-2655)

)

MEMORANDUM OPINION

Pending before the Court is the Appellant=s motion to dismiss 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 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.

The Court has considered this cause on the appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

April 29, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

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