Regent Broadcasting of El Paso, Inc., Regent Licensee of El Paso, Inc., Steve Kaplowitz, Brad Dubow, Regent Communications, Inc. and Paul Strelzin v. Theresa Caballero--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

REGENT BROADCASTING OF EL PASO, INC., REGENT LICENSEE OF EL PASO, INC., STEVE KAPLOWITZ, BRAD DUBOW, REGENT COMMUNICATIONS, INC., AND PAUL STRELZIN,

Appellants,

v.

THERESA CABALLERO,

Appellee.

No. 08-04-00172-CV

Appeal from the

327th District Court

of El Paso County, Texas

(TC#2003-1018)

M E M O R A N D U M O P I N I O N

Pending before the Court is the Appellants 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) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

The Appellants have complied with the requirements of Rule 42.1(a)(1). Appellants have requested that the Court grant their motion to dismiss the appeal pursuant to Texas Rules of Appellate Procedure Rule 43.2(f) because the parties have entered into a settlement agreement disposing of the underlying action. Appellants have also requested that all costs of appeal be assessed against the party incurring same. Texas Rules of Appellate Procedure Rule 43.2(f) provides that the appellate court may dismiss the appeal. The Court has considered this cause on the Appellants motion and concludes the motion should be granted and the appeal be dismissed. We therefore dismiss the appeal. The costs shall be borne by each party incurring same.

RICHARD BARAJAS, Chief Justice

October 7, 2004

Before Panel No. 4

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