Fabian De La Rosa, P. A. v. Ezequiel Lopez and Juana Lopez, Husband and Wife--Appeal from 34th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

EZEQUIEL LOPEZ AND JUANA LOPEZ,

Appellees.

Appeal from the

34th Judicial District Court

of El Paso County, Texas

(TC# 2007-1415)

MEMORANDUM OPINION

Pending before the Court is an agreed motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1. The Appellees, have filed a notice of non-suit against Appellant in the trial court. Therefore the issues presented in this appeal are now moot. The motion is granted and the appeal dismissed. See Tex.R.App.P. 42.1(a). In accordance with the parties' agreement costs will be taxed against the party incurring the same. Tex.R.App.P. 42.1(d).

January 31, 2008

DAVID WELLINGTON CHEW, Chief Justice

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