The Housing Authority of the City of El Paso v. Roberto Alvarado--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

ROBERTO ALVARADO,

Appellee.

No. 08-03-00113-CV

Appeal from the

34th Judicial District Court

of El Paso County, Texas

(TC# 2000-1979)

Pending before the Court is the parties' joint motion to vacate the trial court's judgment and dismiss the 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 Appellant 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's 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. The Court has considered this cause on the parties' joint motion and concludes the motion should be granted and the trial court's judgment be vacated and the cause be dismissed with prejudice pursuant to the terms of their settlement agreement. In accordance with the parties' motion each party shall bear his or its own costs and attorney fees. We therefore vacate the judgment of the trial court and dismiss the case with prejudice, each party to bear his or its own costs and attorney fees.

June 3, 2004

______________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 3

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