Noah G. McIntyre and Texas Department of Criminal Justice v. Eddie Bagby

Noah G. McIntyre and Texas Department of Criminal Justice v. Eddie Bagby

IN THE

TENTH COURT OF APPEALS

No. 10-99-001-CV

     NOAH G. McINTYRE AND

     TEXAS DEPARTMENT OF CRIMINAL JUSTICE,

                                                                              Appellants

     v.

     EDDIE BAGBY,

                                                                              Appellee

From the 278th District Court

Madison County, Texas

Trial Court # 95-7819-278-01

                                                                                                               

MEMORANDUM OPINION

                                                                                                               

      Appellants have filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      Appellants state that the parties have settled their controversy and ask this Court to dismiss this appeal. Accordingly, this cause is dismissed with costs to be taxed against the party incurring same.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed October 30, 2000

Do not publish

>

 

From the 77th District Court

Limestone County, Texas

Trial Court # 10435-A

 

MEMORANDUM  Opinion

 

          Floyd Aaron Bluitt appeals from his plea-bargained conviction of intoxication manslaughter.

          The trial court’s certification regarding Bluitt’s right of appeal and documents contained within the clerk’s record affirmatively show that Bluitt has no right of appeal.  Thus, Bluitt has no right to appeal. 

          The appeal is dismissed.  See Tex. R. App. P. 25.2(d); High v. State, 115 S.W.3d 581, 582 (Tex. App.—Waco 2003, pet. ref’d).

 

                                                                   TOM GRAY

                                                                   Chief Justice

 

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed February 16, 2005

Do not publish

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