Denise Underwood, Individually and as Next Friend of Loyd Jay Underwood, Non Compos Mentis, and Haley June Underwood, a Minor v. City of Waco, Texas, and Texas Department of Transportation, formerly k

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Laws-info.com » Cases » Texas » 10th District Court of Appeals » 1996 » Denise Underwood, Individually and as Next Friend of Loyd Jay Underwood, Non Compos Mentis, and Haley June Underwood, a Minor v. City of Waco, Texas, and Texas Department of Transportation, formerly k

State: Texas

Court: Texas Northern District Court

Docket No: 10-96-00059-CV

Case Date: 12/18/1996

Plaintiff: Gary Frank Allen

Defendant: The State of Texas--Appeal from 27th District Court of Lampasas County

Preview:Denise Underwood, Individually and as Next Friend of
Loyd Jay Underwood, Non Compos Mentis, and Haley
June Underwood, a Minor v. City of Waco, Texas, and
Texas Department of Transportation, formerly known
as the Texas State Department of Highways and Public
Transportation--Appeal from 19th District Court of
McLennan County
Underwood v. City of Waco, et al. /**/
IN THE
TENTH COURT OF APPEALS
No. 10-96-059-CV
DENISE UNDERWOOD, INDIVIDUALLY AND AS
NEXT FRIEND OF LOYD JAY UNDERWOOD,
NON COMPOS MENTIS, AND HALEY JUNE
UNDERWOOD, A MINOR,
Appellants
v.
CITY OF WACO, TEXAS, AND TEXAS
DEPARTMENT OF TRANSPORTATION,
FORMERLY KNOWN AS STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION,
Appellees
From the 19th District Court
file:///C|/Users/Peter/Desktop/opinions/PDFs1/1916.html[8/20/2013 7:11:12 PM]

McLennan County, Texas
Trial Court # 94-2973-1
MEMORANDUM OPINION
On December 9, 1996, appellants and the Texas Department of Transportation (TDOT) filed a joint motion to dismiss
their appeal. In relevant part, Texas Rule of Appellate Procedure 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.
(2)If no transcript has been filed, the agreement or motion shall be accompanied by certified or sworn copies of the
judgment appealed from and of the appeal bond or other document perfecting or attempting to perfect the appeal or
writ of error.
Tex. R. App. P. 59(a).
In the motion, appellants and TDOT state that they have reached a settlement agreement. The motion is signed by both
appellants' attorney and by TDOT's attorney.
The City of Waco, however, did not join this motion. Nevertheless, appellants in the joint motion to dismiss indicate
that they have settled their case with the City of Waco and that they no longer wish to pursue their appeal against it.
Moreover, the City of Waco has filed nothing in this court to indicate that they are seeking any relief on appeal from
appellants. Indeed, the attorney for the City of Waco on October 11 filed a letter signed by him on October 10 stating
that all claims against the city had been settled and that the parties wished the appeal to be dismissed.
The motion to dismiss is granted. This cause is dismissed in toto with each party to bear its own costs.
PER CURIAM
Before Chief Justice Davis,
Justice Cummings, and
Justice Vance
Dismissed
Order issued and filed December 18, 1996
Do not publish
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