Bill C. Fiske and Nancy B. Fiske v. The Operating Engineers Local Union 953, et al.--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellants,

v.

THE OPERATING ENGINEERS LOCAL UNION 953, et al.

Appellee.

No. 08-03-00445-CV

Appeal from the

327th Judicial District Court

of El Paso County, Texas

(TC#2003-088)

Pending before the Court is the parties' joint motion to vacate the judgment and dismiss case with prejudice 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 parties have requested that the Court grant their motion to vacate the trial court judgment and dismiss the case with prejudice pursuant to Texas Rules of Appellate Procedure Rule 43.2(e). Texas Rules of Appellate Procedure 43.2(e).provides that the appellate court may vacate the trial court's judgment and dismiss the case. Tex. R. App. P. 43.2(e). The Court has considered this cause on the parties' motion and concludes the motion should be granted and the trial court's judgement be vacated and the cause be dismissed with prejudice pursuant to the terms of their settlement agreement. We therefore vacate the judgment of the trial court and dismiss the case with prejudice.

June 3, 2004

______________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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