PANTERRA CORP. v. AMERICAN DAIRY QUEEN

No. 04-93-00801-CV.

908 S.W.2d 300 (1995)

The PANTERRA CORPORATION, Appellant, v. AMERICAN DAIRY QUEEN and Don Hutchinson, Appellees.

Court of Appeals of Texas, San Antonio.

September 27, 1995.


Attorney(s) appearing for the Case

Charles A. Stephens, II, Canyon Lake, for appellant.

Joseph M. Harrison, IV, Haynes and Boone, L.L.P., San Antonio, for appellee.

Before LOPEZ, STONE and DUNCAN, JJ.


OPINION

LOPEZ, Justice.

The parties have filed a joint "Stipulation and Agreement of Voluntary Dismissal." See TEX.R.APP.P. 59(a)(1)(A). They state that they have fully compromised and settled the issues in dispute. The parties request that we dismiss the appeal and affirm the judgment of the court below. We cannot do both.

At least as early as 1943, the Texas Supreme Court chastised a court of appeals for dismissing an appeal as moot but...

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