Court of Civil Appeals of Texas, 2004

Isleifur Ottesen, Individually and D/ba L.I.O., Ehf, Individually and D/ba Air...

Court of Civil Appeals of Texas · Decided January 21, 2004

Opinion

Form: Dismiss TRAP 42.1(a)(1)

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ISLEIFUR OTTESEN, INDIVIDUALLY, LIO ehf/AIR CHARTER ICELAND AND SUNLAND AIR, INC.,

Appellants,

FRIDRIK THOR GUDMUNDSON a/k/a FRIDRIK THOR FRIDRIKSSON, INDIVIDUALLY and AS NATURAL FATHER OF STURLA THOR FRIDRIKSSON, DECEASED, et al. ,

Appellee.

No. 08-03-00395-CV

Appeal from the

327th Judicial District Court

of El Paso County, Texas

(TC# 2002-3041)

M E M O R A N D U M O P I N I O N

Pending before the Court is the Appellant's motion dismiss this appeal pursuant to

Tex. R. App. P. 42.1(a)(2), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(2) By Agreement. In accordance with an agreement signed by the parties or their attorneys and filed with the clerk, the court may:

(A) render judgment effectuating the parties' agreements;

(B) set aside the trial court's judgment without regard to the merits and remand the case to the trial court for rendition of judgment in accordance with the agreements; or

Appellees separately filed a motion joining Appellants' motion to dismiss. The parties have complied with the requirements of Rule 42.1(a)(2). The Court has considered this cause on the joint motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

January 21, 2004

_______________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.

(Larsen, J. not participating)

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