IN THE
TENTH COURT OF APPEALS
No. 10-95-283-CV
FRANCO da CONTURBIA,
Appellant
v.
W.P. SCAMARDO, STEFANO de ASARTA 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 portion of the appeal relating to da Conturbia's claims against Scamardo 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 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 motion, the relevant parties stated that they have reached a settlement agreement. The motion is signed by the appellant's attorney and by the attorney representing M.U.S.A., Brazos Farm, and de Asarta.
The motion to dismiss is granted. The cause is dismissed in part with each party to bear its own costs.
PER CURIAM
Before Justice Cummings and
Justice Vance
(Chief Justice Davis not participating)
Dismissed in part
Opinion delivered and filed November 27, 1996
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