Howard Burroughs and South Texas District Council Assemblies of God v. Ryan Gordon & Sarah Gordon--Appeal from 172nd District Court of Jefferson County

IN THE

TENTH COURT OF APPEALS

No. 10-02-177-CV

HOWARD BURROUGHS

AND SOUTH TEXAS DISTRICT

COUNCIL ASSEMBLIES OF GOD,

Appellants

v.

RYAN GORDON AND SARAH GORDON

Appellees

From the 172nd District Court

Jefferson County, Texas

Trial Court # E-162269

MEMORANDUM OPINION

Howard Burroughs and South Texas District Council Assemblies of God appealed an adverse judgment. According to their unopposed dismissal motion, the trial court set aside the judgment, and the parties agreed to mediate their dispute. Appellants state that they have settled the dispute and the trial court has rendered a take-nothing judgment in accordance with the parties agreement. They ask that we dismiss their appeal.

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).

Appellants dismissal motion 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 September 25, 2002

Do not publish

[CV06]