Roger Wu, Individually and d/b/a Resource Leasing and Charter Auto Leasing & Rental, Inc. v. Star Houston, Inc., d.b.a. Star Motor Cars--Appeal from 151st District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-01-358-CV

ROGER WU, INDIVIDUALLY AND D/B/A

RESOURCE LEASING AND CHARTER

AUTO LEASING & RENTAL, INC.,

Appellants

v.

STAR HOUSTON, INC.

D/B/A STAR MOTOR CARS,

Appellee

From the 151st District Court

Harris County, Texas

Trial Court # 97-50378

MEMORANDUM OPINION

Star Houston, Inc. dba Star Motor Cars filed suit against Charter Auto Leasing & Rental, Inc. and Roger Wu, Individually and dba Resource Leasing (collectively, Appellants ) for breach of contract, common law fraud, and negligent misrepresentation. A jury found that Wu breached one of the two contracts in question and awarded Star Motors $7,420 in damages, $27,967 in trial attorney s fees, and $15,000 in appellate attorney s fees.

Appellants have now filed an unopposed motion to dismiss their appeal. They state that the parties have settled their dispute and desire to dismiss the appeal with each party bearing their own costs.

Rule of Appellate Procedure 42.1(a)(2) provides:

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

(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)(2).

The dismissal motion filed by Appellants complies with the requirements of the appellate rules and is unopposed. Accordingly, this appeal is dismissed with costs to be taxed against the party incurring same.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed October 30, 2002

Do not publish

[CV06]