Cal-Tex Lumber Company, Inc. v. Owens Handle Company, Inc.--Appeal from 145th District Court of Nacogdoches County

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DISMISSAL FORM FOR CIVIL CASES ON ANT'S MOTION /SETTLEMENT NO. 12-01-00015-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

CAL-TEX LUMBER COMPANY, INC.,

 
APPEAL FROM THE 145TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

OWENS HANDLE COMPANY, INC.,

APPELLEE

 
NACOGDOCHES COUNTY, TEXAS
PER CURIAM

Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. Appellant's motion represents that the parties have entered into a settlement agreement which disposes of all issues presented for appeal. Appellant requests that this court dismiss this appeal as moot. Because Appellant has met the requirements of Tex. R. App. P. 42.1(a)(2), the motion is granted, and the appeal is dismissed.

 

Opinion delivered February 13, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
FEBRUARY 13, 2002
NO. 12-01-00015-CV
CAL-TEX LUMBER COMPANY, INC.,
Appellant
V.
OWENS HANDLE COMPANY, INC.,
Appellee
Appeal from the 145th Judicial District Court
of Nacogdoches County, Texas. (Tr.Ct.No. 10,712-94-10)
THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.

By per curiam opinion.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
THE STATE OF TEXAS
M A N D A T E

TO THE 145TH JUDICIAL DISTRICT COURT OF NACOGDOCHES COUNTY, GREETINGS:

 

Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 13th day of February, 2002, the cause upon appeal to revise or reverse your judgment between

 
CAL-TEX LUMBER COMPANY, INC., Appellant
NO. 12-01-00015-CV and Tr. Ct. Case Number 10,712-94-10
Opinion by Per Curiam.
OWENS HANDLE COMPANY, INC., Appellee

was determined; and therein our said Court made its order in these words:

THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.

 

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs of this appeal be, and the same are, adjudged against the parties incurring same, and that this decision be certified to the trial court below for observance.

 

WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.

 

WITNESS, THE HONORABLE LEONARD DAVIS, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 200_.

 

CATHY S. LUSK, CLERK

 

By:_______________________________

Deputy Clerk