Texas Department of Criminal Justice v. John C. Cook, Jr.--Appeal from 87th District Court of Leon County

IN THE

TENTH COURT OF APPEALS

No. 10-01-307-CV

TEXAS DEPARTMENT

OF CRIMINAL JUSTICE,

Appellant

v.

JOHN C. COOK, JR.,

Appellee

From the 87th District Court

Leon County, Texas

Trial Court # AP-99-227B

MEMORANDUM OPINION

John C. Cook, Jr. filed suit against the Texas Department of Criminal Justice ( TDCJ ) for injuries he sustained when a TDCJ bus in which he was a passenger ran off a rain-slicked highway and crashed. The trial court denied TDCJ s plea to the jurisdiction premised on sovereign immunity. TDCJ perfected this interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(8) (Vernon Supp. 2002). TDCJ has now filed a motion to dismiss its appeal, stating that the parties have settled their dispute.

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).

TDCJ s dismissal motion complies with the requirements of the appellate rules. Cook has not filed a response. 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 September 18, 2002

Do not publish

[CV06]