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Rule 387a. Dismissal or Reversal on Certificate (1961)

TEXT

When an appeal or writ of error to a Court of Civil Appeals has been perfected, the Court may, before the filing of a transcript, finally dispose of the appeal or writ of error or of the cause upon the filing in said court of a certified copy of the trial court's judgment and a certificate of the clerk of the trial court stating the time when and the manner in which such appeal or writ of error was perfected, as follows:

(a) The Court may upon agreed motion of all parties dismiss the cause or reverse the judgment of the trial court and remand the cause to that court for entry of a proper judgment on any compromise settlement agreement.

(b) The Court may upon agreed motion of all parties, or upon motion of the appellant after hearing, dismiss the appeal or writ of error. If the motion for dismissal is filed on behalf of the appellant, notice thereof shall be given to all other parties and no action shall be had thereon until after the expiration of ten days.

Note: New Rule.

July 26, 1960, eff. Jan. 1, 1961.

AMENDMENTS

Dec. 5, 1983, eff. April 1, 1984

Repealed by order of April 10, 1986, eff. Sept. 1, 1986.