Betty Andrews Rogers, et vir, et al. v. The State of Texas--Appeal from County Court at Law of Ellis County

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Rogers v. State /**/

IN THE

TENTH COURT OF APPEALS

 

No. 10-96-048-CV

 

BETTY ANDREWS ROGERS,

ET VIR, ET AL.,

Appellants

v.

 

THE STATE OF TEXAS,

Appellee

 

From the County Court at Law

Ellis County, Texas

Trial Court # C-2606

 

MEMORANDUM OPINION

 

On December 2, 1996, the parties filed an agreed motion to dismiss the 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 appellants and the appellee.

Pursuant to this agreement, the cause is dismissed with each party to bear its own costs.

PER CURIAM

 

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed December 4, 1996

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