Leasure Enterprises, Inc. v. Mildred Johnson--Appeal from 278th District Court of Madison County

IN THE

TENTH COURT OF APPEALS

No. 10-96-090-CV

LEASURE ENTERPRISES, INC.,

Appellant

v.

MILDRED JOHNSON,

Appellees

From the 278th District Court

Madison County, Texas

Trial Court # 94-7453-278-02

OPINION ON THE PARTIES'

AGREED MOTION TO DISMISS

Leasure Enterprises, Inc. appeals from a $85,758.88 judgment in favor of Mildred Johnson. Pursuant to the parties' request, we referred this cause to Mr. John Kain for mediation. Tex. Civ. Prac. & Rem. Code Ann. 154.021, 154.023 (Vernon Supp. 1996).

Mr. Kain conducted the mediation session on July 22, 1996. Apparently, the attempt to settle the dispute was successful as the parties have filed an agreed 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 Leasure Enterprises and Johnson are party to the motion to dismiss. Thus, the motion is granted.

This appeal is dismissed with the Leasure Enterprises to bear the costs.

PER CURIAM

Before Chief Justice Davis,

Justice Cummings, and

Justice Vance

Dismissed on agreed motion

Opinion delivered and filed September 18, 1996

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