DUTCHER AUTO COLLISION REPAIR LLC APPELLANT v. LUIS AGUILAR APPELLEE (2011)

FROM COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;

NO. 98,764–2;  HONORABLE PAMELA COOK SIRMON, JUDGE

MEMORANDUM OPINION

Pending before this Court is Appellant's Motion to Dismiss Cause of Action in which Appellant, Dutcher's Auto Collision Repair, LLC, represents it has settled its claims with Appellee, Luis Aguilar.   Without passing on the merits of the case, we grant Appellant's motion and dismiss this appeal with prejudice.  Tex.R.App. P. 42.1(a)(1).   No agreement by the parties on costs having been presented in the motion, costs will be taxed against Appellant.   Tex.R.App. P. 42.1(d).  Having dismissed the appeal at Appellants request, no motion for rehearing will be entertained and our mandate will issue forthwith.