COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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CAROLYN BARNES, Appellant, v. PLAZA PROPERTIES, MIKE DIPP, SR., MARY JANE DIPP, and JOHN WELLS, Appellees. |
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No. 08-02-00334-CV Appeal from the 327th District Court of El Paso County, Texas (TC# 2001-1807) |
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 or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Also pending before the Court are appellees Plaza Properties and the Dipps' motion to dismiss, and appellee Wells' motion to dismiss. Appellant has complied with the requirements of Rule 42.1(a)(1). The Court has considered this cause on the appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.
Dismissal of this appeal on the appellant's motion renders appellees' motions to dismiss moot. We therefore deny them as such. Appellees also request that sanctions be assessed against appellant. Although counsel for appellant may have failed to comply with the prescribed procedure for prosecuting an appeal, this Court does not have any evidence before it showing that the failure is a result of indifference or bad faith on the part of appellant or her counsel. The request for sanctions is denied.
SUSAN LARSEN, Justice
March 27, 2003
Before Panel No. 1
Larsen, McClure, and Chew, JJ.