Kenneth W. Rodgers v. Cygnus Incorporated--Appeal from 95th District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-99-300-CV

KENNETH W. RODGERS,

Appellant

v.

CYGNUS INCORPORATED,

Appellee

From the 95th District Court

Dallas County, Texas

Trial Court # DV98-07757-D

MEMORANDUM OPINION

On December 21, 1999, Appellant Kenneth W. Rodgers and Appellee Cygnus Incorporated filed a joint motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

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

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

The joint motion was signed by the parties attorneys. In the motion, the parties state that they have reached a settlement agreement. Accordingly, this cause is dismissed with costs to be taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed January 12, 2000

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