Court of Civil Appeals of Texas, 2006

El Paso Independent School District v. Lopez

El Paso Independent School District v. Lopez
Court of Civil Appeals of Texas · Decided July 6, 2006 · Barajas, McClure, Chew
225 S.W.3d 609; 2006 Tex. App. LEXIS 5856; 2006 WL 1868276 (South Western Reporter, Third Series)

El Paso Independent School District v. Lopez

Opinion

OPINION

DAVID WELLINGTON CHEW, Justice.

This appeal arises from an order of the trial court denying Appellant El Paso Independent School Districts plea to the jurisdiction. Appellee Irma Lopez sued Appellant alleging that her termination was in retaliation for filing a workers compensation claim in violation of the Texas Workers Compensation Act. See Tex.Lab. Code Ann. 451.001 (Vernon 2006). In response, Appellant filed a special exception, general denial, and plea to the jurisdiction. The trial court denied Appellants plea to the jurisdiction by written order and Appellant timely filed its notice of appeal.

Pending before the Court is Appellants motion to dismiss the appeal. See Tex. R.App.P. 42.1(a)(1). Appellant represents to the Court that all matters in controversy have been settled and compromised and that dismissal would not prevent Appellee from seeking relief to which she would otherwise be entitled. Appellant has complied with the requirements of Rule 42.1(a)(1).

We have considered this cause on the motion and conclude that the motion should be granted. Therefore, we GRANT Appellants motion to dismiss and dismiss this appeal. Costs in this Court are taxed against Appellant. See Tex. RApp.P. 42.1(d).

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