Opinion

Amber Leal Brown v. Donald E. Brown

Court
Texas Court of Appeals, 8th District (El Paso)
Filed
Feb 10, 2005
Status
Published
Cited by
0 cases

The opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AMBER LEAL BROWN,

Appellant,

v.

DONALD E. BROWN,

Appellee.

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No. 08-04-00190-CV

Appeal from the

300th District Court

of Brazoria County, Texas

(TC# 14319*RH00)

MEMORANDUM OPINION

Pending before the Court is the Appellant’s motion to dismiss this appeal 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 dismiss the appeal . . . unless disposition would prevent a party from

seeking relief to which it would otherwise be entitled.

The Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant has

requested that the Court grant her motion to dismiss the appeal pursuant to Texas Rules of

Appellate Procedure Rule 43.2(f) because the parties have entered into a settlement

agreement disposing of the underlying action. Texas Rules of Appellate Procedure Rule

43.2(f) provides that the appellate court may dismiss the appeal. The Court has considered

this cause on the Appellant’s motion and concludes the motion should be granted and the

appeal be dismissed. We therefore dismiss the appeal. The costs shall be borne by

Appellant.

RICHARD BARAJAS, Chief Justice

February 10, 2005

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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