Linda Fonville v. State

Da Conturbia v. Scamardo(2)






IN THE

TENTH COURT OF APPEALS


No. 10-95-283-CV

 

     FRANCO DA CONTURBIA,

                                                                                              Appellant

     v.


     W.P. SCAMARDO, STEFANO DE ASARTA,

     M.U.S.A., LTD., and BRAZOS FARM, LTD.,

                                                                                              Appellees


From the 82nd District Court

Robertson County, Texas

Trial Court # 94-06-14,651-CV

                                                                                                    


MEMORANDUM OPINION

                                                                                                    


      On November 18, 1996, appellant Franco da Conturbia, along with appellees Stefano de Asarta, M.U.S.A., Ltd., and Brazos Farm, Ltd., filed a joint motion to dismiss the appeal pursuant to Rule 59(a) of the Texas Rules of Appellate Procedure. Neither da Conturbia nor appellee W.P. Scamardo requested that the portion of the appeal relating to da Conturbia's claims against Scamardo be dismissed. We granted that motion on November 27, 1996.

      On March 4, 1997, da Conturbia and Scamardo filed a joint motion requesting that the remainder of the appeal be dismissed.

      In relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

      In the March 4 motion, da Conturbia and Scamardo state that they have reached a settlement agreement. The motion is signed by attorneys for both parties.

      The March 4 motion to dismiss is granted. This cause is dismissed in toto with each party to bear his own costs.

                                                                               PER CURIAM


Before Chief Justice Davis,

         Justice Cummings, and

         Justice Vance

         (Chief Justice Davis not participating)

Dismissed

Opinion delivered and filed March 12, 1997

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