Johnnie Lee Carter v. Alliance Leasing Inc. and Stevens Transport, Inc.--Appeal from 120th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

JOHNNIE LEE CARTER, ) No. 08-06-00040-CV

)

Appellant, ) Appeal from

)

v. ) 120th District Court

)

ALLIANCE LEASING, INC. and ) of El Paso County, Texas

STEVENS TRANSPORT, INC., )

) (TC# 2005-3431)

Appellees. )

MEMORANDUM OPINION

Pending before the Court is a joint motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1 because the parties have settled all matters in controversy. We grant the motion and dismiss the appeal with prejudice. We deny as moot Appellee s motion to dismiss the appeal and Appellant s motion to refer the matter to alternative dispute resolution. Pursuant to the parties agreement, we assess costs against the party incurring same. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

June 29, 2006

ANN CRAWFORD McCLURE, Justice

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