Bijan Javad Bonakchi (f/k/a Javad M. Bonakchi) v. Janyna Marie Mercado--Appeal from 407th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-02-00846-CV
Bijan Javad BONAKCHI,
Appellant
v.
Janyna Marie MERCADO,
Appellee
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CI-15001
Honorable David Peeples, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: July 30, 2003

APPEAL DISMISSED

This is an accelerated appeal. Bijan Javad Bonakchi appeals the trial court's order denying his motion to compel arbitration. We withdrew the original submission date of this appeal after the parties filed an agreed motion to stay the appeal for thirty days to allow them to discuss settlement. On July 23, 2003, the parties filed a joint motion to dismiss the appeal stating that they have fully compromised and settled all issues in dispute. The parties request, in essence, that we dismiss the appeal, accelerate issuance of the mandate, and remand the matter to the trial court for entry of an agreed divorce decree. The motion is signed by all counsel of record and a copy of the agreed divorce decree signed by the parties and all counsel of record is attached.

We cannot dismiss and remand the appeal. Tex. R. App. P. 43.2. For this reason, we grant, in part, the parties' motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(2). We remind the parties that because this is an interlocutory appeal, the trial court retains jurisdiction of the case and may make further orders. See Tex. R. App. P. 29.5. Therefore, the parties may file the agreed divorce decree with the trial court. It is further ordered that the clerk of this court issue the mandate in this appeal with the judgment. See Tex. R. App. P. 18.6. Costs of the appeal are taxed against Bijan Javad Bonakchi. Tex. R. App. P. 42.1(d).

PER CURIAM