The State of Texas v. Jack R. Winningham, et ux., et al.--Appeal from County Court of Ellis County

IN THE

TENTH COURT OF APPEALS

No. 10-94-061-CV

THE STATE OF TEXAS,

Appellant

v.

JACK R. WINNINGHAM, ET AL.,

Appellees

From the County Court

Ellis County, Texas

Trial Court # C-2711

MEMORANDUM OPINION

This is a condemnation case in which the State acquired 85.294 surface acres for the Superconducting Super Collider project. The jury awarded Jack Winningham $792,646 as value of the land condemned and damages to the remainder of his property and the court, after adding $191,100.80 in prejudgment interest, rendered judgment for $983,746.80. The State appealed.

By order dated November 15, 1995, we notified the parties that the dispute in this cause was appropriate for resolution by an alternative dispute resolution procedure. Tex. Civ. Prac. & Rem. Code Ann. 154.021(a) (Vernon Supp. 1996). On December 20, we referred the cause for mediation. Id. 154.023. The parties agreed on the Honorable Harlan A. Martin, of J*A*M*S Endispute, Dallas, as the impartial third party. Apparently, the attempt to settle the dispute was successful as the parties have filed a joint motion to dismiss this 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).

Both the State and Winningham are party to the motion to dismiss. Thus, the motion is granted. This appeal is dismissed with the State to bear the costs, in accordance with the parties' motion.

PER CURIAM

Before Justice Cummings, and

Justice Vance

Dismissed on joint motion of the parties

Opinion delivered and filed May 15, 1996

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