Goodyear Tire and Rubber Company v. John Davis--Appeal from 136th District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-488 CV
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GOODYEAR TIRE AND RUBBER COMPANY, Appellant/Cross-Appellee
V.
JOHN DAVIS, Appellee/Cross-Appellant
On Appeal from the 136th District Court
Jefferson County, Texas
Trial Cause No. D-172550
MEMORANDUM OPINION

The appellant/cross-appellee, Goodyear Tire and Rubber Company, and the appellee/cross-appellant, John Davis, filed a joint motion to dismiss this appeal with prejudice. The parties allege they have resolved all disputes and agreed to dismiss this appeal. The parties ask this Court to issue the mandate immediately. See Tex. R. App. P. 18.1(c). The Court finds that the motion is voluntarily made by the parties through their attorneys of record prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ordered that the motion to dismiss be granted and the appeal is therefore dismissed. The request to issue the mandate early is granted. We direct the Clerk of the Court of Appeals to issue the mandate immediately. All costs are assessed against the incurring party.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

 

Opinion Delivered February 16, 2006

Before Gaultney, Kreger, and Horton, JJ.