Becker v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

ROBERT D. WALES,

)No. 08-02-00267-CV

)

Appellant,

)Appeal from

)

v.

)205th District Court

)

COUNTY OF EL PASO,

)of El Paso County, Texas

LEO SAMANIEGO, and

)

ROBERT MORENO,

)(TC# 2002-2589)

)

Appellees.

)

MEMORANDUM OPINION

Pending before the Court is the motion of Appellant, Robert D. Wales, to dismiss this appeal pursuant to Tex. R. App. P. 42.1, which states that:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

By his motion, Appellant voluntarily requests dismissal of the appeal pursuant to Rule 42.1(a)(2) because the parties have settled their dispute. Accordingly, the motion is granted and the appeal is hereby dismissed.

April 3, 2003

ANN CRAWFORD McCLURE, Justice

Before Panel No. 5

McClure, Chew, JJ., and Preslar, C.J. (Ret.)

Preslar, C.J. (Ret.)(sitting by assignment)