Judith Foster v. Jack Applewhite d/b/a Applewhite Realty--Appeal from 220th District Court of Hamilton County

State: Texas

Court: Texas Northern District Court

Docket No: 10-98-00120-CV

Case Date: 09/30/1998

Plaintiff: Judith Foster

Defendant: Jack Applewhite d/b/a Applewhite Realty--Appeal from 220th District Court of Hamilton County

Preview:Judith Foster v. Jack Applewhite d/b/a Applewhite Realty--Appeal from 220th District Court of Hamilton County
Judith Foster v. Jack Applewhite d/b/a Applewhite Realty /**/ IN THE TENTH COURT OF APPEALS

No. 10-98-120-CV

JUDITH FOSTER, Appellant v.

JACK APPLEWHITE D/B/A APPLEWHITE REALTY, Appellee

From the 220th District Court Hamilton County, Texas Trial Court # H-120-97 MEMORANDUM OPINION On September 18, 1998, Jack Applewhite, d/b/a Applewhite Realty, filed a motion to dismiss with prejudice all claims held by him against Judith Foster. Attached to the motion is an order from the trial court dismissing such claims. The order is signed and approved by counsel for both parties to this appeal. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides: (a) The appellate court may dispose of an appeal as follows: (1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or (2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

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Tex. R. App. P. 42.1. Considering the order of dismissal an agreement under Rule 42.1(a)(1), we dismiss this cause. All parties are to bear their own costs on this appeal. PER CURIAM

Before Chief Justice Davis, Justice Cummings, and Justice Vance Dismissed Opinion delivered and filed September 30, 1998 Do not publish

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