The State of Texas v. Lampton, Inc., et al.--Appeal from County Court of Ellis County

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Lampton, Inc., State v. /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-94-240-CV

 

THE STATE OF TEXAS,

Appellant

v.

 

LAMPTON, INC., ET AL.,

Appellees

 

From the County Court

Ellis County, Texas

Trial Court # 92-C-3073

 

MEMORANDUM OPINION

 

On December 27, 1996, the parties filed an agreed motion to dismiss this appeal. In relevant portion, Rule 59(a) of the Texas Rules of Appellate Procedure 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 parties state that they have settled their controversy. The agreement is signed by attorneys for both the appellant and the appellees.

Therefore, under the authority of Rule 59(a), the cause is dismissed. Pursuant to the parties' agreement, the appellant will bear the costs.

PER CURIAM

 

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed December 31, 1996

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