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CITY OF EL PASO v. BERRY

No. 08-05-00186-CV.

224 S.W.3d 269 (2005)

THE CITY OF EL PASO, Appellant, v. Alfonso BERRY d/b/a Miles Systems, Appellee.

Court of Appeals of Texas, El Paso.

June 23, 2005.

Attorney(s) appearing for the Case

Jose Padilla, El Paso, for Appellant.

Douglas C. Smith, El Paso, for Appellee.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

DAVID WELLINGTON CHEW, Justice.

Pending before the Court is the Appellants motion to dismiss this appeal. Texas Rules of Appellate Procedure 42.1(a)(1) states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows: (1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would...

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