Ray Lee Bixby and Juanita Bixby v. Don Bice and Lois K. Bice--Appeal from 220th District Court of Bosque County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-01-195-CV
RAY LEE BIXBY
AND JUANITA BIXBY,
Appellants
v.
DON BICE
AND LOIS K. BICE,
Appellees
From the 220th District Court
Bosque County, Texas
Trial Court # 00-01-03000
MEMORANDUM OPINION
Ray Lee Bixby and his mother Juanita filed a declaratory judgment action against Don Bice and his wife Lois regarding the title to a certain 108-acre tract of land. The court granted a default summary judgment in favor of the Bices after the Bixbys failed to appear at the summary judgment hearing. The Bixbys filed this restricted appeal several months later. The Bixbys have now filed a motion to dismiss their appeal. They state that the parties have reached an agreement to settle and compromise their differences in the underlying lawsuit.
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 the Bixbys complies with the requirements of the appellate rules. More than ten days have passed since the filing of the motion with no response from the Bices. 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 20, 2002
Do not publish
[CV06]
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