ICA Group, Inc., A-1 Homes Group, Inc., et al. v. H.O.A.-Alvarado, Inc., H.O.A., Inc. d/b/a Homes of America, et al.--Appeal from 249th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-01-189-CV

ICA GROUP, INC.,

A-1 HOMES GROUP, INC., ET AL.,

Appellants

v.

H.O.A.-ALVARADO, INC.,

H.O.A., INC. D/B/A

HOMES OF AMERICA, ET AL.,

Appellees

From the 249th District Court

Johnson County, Texas

Trial Court # C-1999-00439

MEMORANDUM OPINION

The Appellants have filed a motion to dismiss this appeal in which they assert that the parties have settled their dispute. 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 appeal 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 February 27, 2002

Do not publish

[CV06]