Texas Department of Transportation v. Connie Ramirez, Individually and as Representative of the Estate of Jesse Joe Ramirez and Jesse Ramirez--Appeal from 361st District Court of Brazos County

IN THE

TENTH COURT OF APPEALS

No. 10-00-289-CV

TEXAS DEPARTMENT

OF TRANSPORTATION,

Appellant

v.

CONNIE RAMIREZ, INDIVIDUALLY

AND AS REPRESENTATIVE

OF THE ESTATE OF JESSE JOE RAMIREZ

AND JESSE RAMIREZ,

Appellee

From the 361st District Court

Brazos County, Texas

Trial Court # 48,302-361

MEMORANDUM OPINION

On December 13, 2000, the appellant filed a 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(a).

Therefore, under the authority of Rule 42.1, the cause is dismissed. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed December 29, 2000

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