The State of Texas v. 1990 Ford, Texas LP CXY72P, Vin. # 1FACP41A1LF222643--Appeal from 74th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-94-326-CV

THE STATE OF TEXAS

Appellant

v.

1990 FORD, TEXAS LP CXY72P,

VIN. # 1FACP41A1LF222643

Appellee

From 74th District Court

McLennan County, Texas

Trial Court # 94-2479-3

MEMORANDUM OPINION

On November 18, 1994, the State filed a motion to dismiss the appeal. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

The motion to dismiss is granted. The appellee does not seek affirmative relief in this court. Thus, this cause is dismissed with each party to bear its own costs.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed November 30, 1994

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