No. 08-03-00309-CV.Court of Appeals of Texas, Eighth District, El Paso.
October 23, 2003.
Appeal from 168th District Court of El Paso County, Texas (TC# 2002-1457).
Attorney for Appellant: Hon. Michael R. Gibson, 521 Texas Avenue, El Paso, TX 79901.
Attorney for State: Hon. Jaime E. Esparza, Dist. Atty., El Paso County Courthouse, 500 E. San Antonio, Suite 201, El Paso, TX 79901.
Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.
ANN CRAWFORD McCLURE, Justice
Pending before the Court is a motion to dismiss the appeal filed by Appellant. Tex.R.App.P. 42.1 states that:
(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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.
(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
(C) abate the appeal and permit proceedings in the trial court to effectuate the agreement.
By their motion, Appellants voluntarily request dismissal of the appeal because the parties no longer desire to appeal. The motion to dismiss is granted. Pursuant to Rule 42.1(d), the costs are taxed against Appellants. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).