Shan Xue Zheng d/b/a Hong Kong Buffet and Hong Kong Buffet, Inc. d/b/a Hong Kong Buffet v. Cynthia Hoover--Appeal from County Court at Law No 3 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Shan Xue Zheng d/b/a Hong Kong Buffet and Hong Kong Buffet, Inc. d/b/a Hong Kong Buffet,

Appellants,

v.

Cynthia Hoover,

Appellee.

No. 08-04-00120-CV

Appeal from the

County Court at Law Number 3

of El Paso County, Texas

(TC# 2004-142)

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), Appellants have also requested that all costs be assessed against Appellants. Texas Rules of Appellate Procedure 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. All costs shall be assessed against Appellants.

October 7, 2004

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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