TXU U. S. Holdings Company, Formerly Known As TXU Electric Company, and TXU Generation Company LP v. Texas Workforce Commission and Griselda V. Acosta--Appeal from 346th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

TXU U.S. HOLDINGS COMPANY, )

FORMERLY KNOWN AS TXU ELECTRIC )

COMPANY, and TXU GENERATION )

COMPANY LP, ) No. 08-04-00355-CV

)

Appellants, ) Appeal from

)

v. ) 346th District Court

)

TEXAS WORKFORCE COMMISSION ) of El Paso County, Texas

and GRISELDA V. ACOSTA, )

) (TC# 2002-512)

Appellees. )

MEMORANDUM OPINION

Pending before the Court is Appellants unopposed motion to dismiss the appeal with prejudice. Rule 42.1 of the Texas Rules of Appellate Procedure states that:

(a) 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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk; the court may:

(A) render judgment effectuating the parties agreements;

(B) set aside the trial court s judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance wit [sic] the agreements; or

(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.

The parties have settled all matters in controversy and have agreed that Appellants will dismiss their appeal with prejudice. Pursuant to Rule 42.1, we grant the motion to dismiss. Each party will bear its own costs on appeal. See Tex.R.App.P. 42.1(d).

April 28, 2005

ANN CRAWFORD McCLURE, Justice

Before Barajas, C.J., McClure, and Chew, JJ.