COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

           Pending before the Court is the Appellants’ motion to affirm the appealed judgment pursuant to Tex. R. App. P. 42.1(a)(1), which states:

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

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may . . . affirm the appealed judgment . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

           The Appellants have complied with the requirements of Rule 42.1(a)(1). Appellants have requested that the Court grant their motion to affirm the appealed judgment pursuant to Texas Rules of Appellate Procedure Rule 43.2(a) because the parties have successfully mediated and settled the underlying action. Texas Rules of Appellate Procedure Rule 43.2(a) provides that the appellate court may affirm the trial court’s judgment. The Court has considered this cause on the Appellants’ motion and concludes the motion should be granted and the trial court’s judgment be affirmed. The costs shall be borne by the party incurring same.

                                                                  RICHARD BARAJAS, Chief Justice

August 18, 2005

Before Barajas, C.J., McClure, and Chew, JJ.