City of Ector, Texas v. Michael Abbott and Matthew Abbott--Appeal from 6th District Court of Fannin County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00069-CV

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CITY OF ECTOR, TEXAS, Appellant

V.

MICHAEL ABBOTT AND MATTHEW ABBOTT, Appellees

On Appeal from the 6th Judicial District Court

Fannin County, Texas

Trial Court No. 35610

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Appellant, City of Ector, Texas, and Appellees, Michael Abbott and Matthew Abbott, have agreed to seek from this Court a dismissal of their pending appeal. In their agreed motion, the parties indicate they have reached a settlement in the matter, and neither party wishes to pursue its claims against the other. Rule 42.1 of the Texas Rules of Appellate Procedure authorizes this Court to dismiss an appeal on the filing of a proper motion. See Tex. R. App. P. 42.1. The parties' agreed motion complies with the requirements of Rule 42.1.

Accordingly, we grant the motion and dismiss the appeal.

Jack Carter

Justice

Date Submitted: September 21, 2004

Date Decided: September 22, 2004