Ruben Montelongo v. George Cisneros

• Court: Court of Appeals of Texas
• Decided: September 22, 2010
• Docket: 08-08-00324-CV
• Status: Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RUBEN MONTELONGO, Appellant, v. GEORGE CISNEROS, Appellee.

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No. 08-08-00324-CV Appeal from the County Court at Law No. 6 of El Paso County, Texas (TC# 2006-3279)

MEMORANDUM OPINION

Pending before the Court is a joint motion to dismiss the appeal pursuant to the parties' agreement. See Tex. R. App. P. 42.1(a)(2). Originally, this Court stayed the proceedings after Appellant, Ruben Montelongo, filed for bankruptcy in the United States Bankruptcy Court. See Tex. R. App. P. 8.2. However, that stay was later lifted, with the Bankruptcy Court's approval, to allow the appeal to continue. The parties now assert, in their joint motion, that they have settled the claims that formed the basis of the appeal and that their settlement has been approved by the Bankruptcy Court. We therefore grant the motion and dismiss the appeal. Because the motion does not show an agreement as to costs, we assess costs of this appeal against Appellant. See Tex. R. App. P. 42.1(d).

September 22, 2010 GUADALUPE RIVERA, Justice

Before Chew, C.J., McClure, and Rivera, JJ.