In Re: Larry Harris and Timmons Construction Company, Inc.--Appeal from 388th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: LARRY HARRIS AND TIMMONS CONSTRUCTION COMPANY, INC.,

Relators.

No. 08-05-00053-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Pending before the Court is the Relators Motion to Dismiss Petition for Writ of Mandamus under Tex. R. App. P. 42.1(a)(1), pursuant to the simultaneous dismissal of the pending appeal in Cause No. 08-04-00351-CV, for the reason that the parties have reached a settlement in that cause number.

Tex. R. App. P. 42.1(a)(1) 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 Relators have complied with the requirements of Rule 42.1(a)(1). Relators have requested that this Court dismiss their Petition for Writ of Mandamus based upon the agreement reached by the parties in Cause No. 08-04-00351-CV. A copy of the joint motion to set aside trial court judgment and remand the case is attached to the motion. The motion provides that this Court set aside the trial court judgment in Cause No. 08-04-00351-CV and remand the case to the trial court with the instruction to enter the parties agreed final decree of divorce. The Court has considered this cause on the Relators motion and concludes the motion should be granted and the petition be dismissed. We therefore grant the motion and dismiss the petition for writ of mandamus.

RICHARD BARAJAS, Chief Justice

August 18, 2005

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