Kelly Guy Herring v. LPP Mortgage, Ltd.

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



KELLY GUY HERRING,

Appellant,



v.



LPP MORTGAGE, LTD.,



Appellee.

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No. 08-08-00195-CV

Appeal from the



109th District Court



of Andrews County, Texas



(TC#17,340)

MEMORANDUM OPINION

Pending before the Court is Appellant's motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1(a)(1). Appellant has complied with the requirements of Tex.R.App.P. 42.1(a)(1). Having considered the motion, we conclude it should be granted, because no party will be denied relief to which it would otherwise be entitled. Therefore, we grant Appellant's motion to dismiss and do so with prejudice. In accordance with the parties' agreement, costs are taxed against the party incurring same. See Tex.R.App.P. 42.1(d).



GUADALUPE RIVERA, Justice



March 19, 2009



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