Terra Health, Inc. v. Carla Fisher

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS





TERRA HEALTH INC.,

Appellant,



v.





CARLA FISHER,



Appellee.

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No. 08-08-00076-CV

Appeal from the



County Court at Law No. 5



of El Paso County, Texas



(TC# 2006-1144)



MEMORANDUM OPINION



Pending before the Court is an agreed motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(2). The parties represent to the Court that they have settled all matters in controversy in the underlying suit, and are in agreement that the appeal should be dismissed with prejudice. After considering the cause on the parties' motion, we conclude that the motion should be granted. Accordingly, the appeal is hereby dismissed with prejudice. As the motion does not indicate the parties have agreed otherwise, costs will be taxed against Appellant. See Tex.R.App.P. 42.1(d).



September 18, 2008

DAVID WELLINGTON CHEW, Chief Justice



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