Progressive Dental Center, Inc. v. Janet Ouellette--Appeal from County Court at Law No 2 of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-00-266-CV

PROGRESSIVE DENTAL CENTER, INC.,

Appellant

v.

JANET QUELLETTE,

Appellee

From the County Court at Law No. 2

McLennan County, Texas

Trial Court # 99-1420-CV2

MEMORANDUM OPINION

On August 4, Progressive Dental filed an unopposed motion to dismiss this appeal. In relevant portion, Rule 42.1 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 party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1.

The motion states that the parties have settled this case and contains a certificate of conference stating that the appellant and the appellee have agreed to the motion to dismiss.

This cause is dismissed. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed August 23, 2000

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