)
LESSIE GRIFFIN,
) No. 08-02-00335-CV )Appellant,
) Appeal from )v.
) Count Court at Law )STEPHEN RANDOLPH GRIFFIN,
) of Midland County, Texas )Appellee.
) (TC# FM-32,845)MEMORANDUM OPINION
Pending before the Court is the joint motion of Appellant, Lessie Griffin, and Appellee, Stephen Randolph Griffin, to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which 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, Appellant and Appellees voluntarily request dismissal of the appeal because the parties have settled all matters in controversy. The motion is granted and the appeal is dismissed with prejudice. The motion to dismiss does not specify an agreement regarding the payment of costs. Absent an agreement, costs are taxed against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).
October 16, 2003
ANN CRAWFORD McCLURE, Justice
Before Panel No. 2
Barajas, C.J., McClure, and Chew, JJ.