Mary Louise Klekar v. Ronald Jene Klekar--Appeal from 311th District Court of Harris County

IN THE

TENTH COURT OF APPEALS

No. 10-01-246-CV

MARY LOUISE KLEKAR,

Appellant

v.

RONALD JENE KLEKAR,

Appellee

From the 311th District Court

Harris County, Texas

Trial Court # 98-16618

MEMORANDUM OPINION

Mary Louise Klekar appealed her divorce. She filed a motion to dismiss her appeal on February 19, 2002. The motion states that it is based upon the agreement of the parties pursuant to a mediated settlement agreement.

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).

Klekar s dismissal motion complies with the requirements of the appellate rules. More than ten days have passed since the filing of the motion without a response from Appellee Ronald Jene Klekar. Accordingly, this cause 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 March 6, 2002

Do not publish

[CV06]