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Rule 387a. Disposition on Motion or by Agreement (1984)

TEXT

(a) The appellate court may finally dispose of an appeal or writ of error as follows:

(1) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) On motion of appellant to dismiss the appeal or affirm the judgment appealed from with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief he would otherwise be entitled to.

(b) If no transcript has been filed the agreement or motion shall be accompanied by certified or sworn copies of the judgment appealed from and of the appeal bond or other document perfecting or attempting to perfect the appeal or writ of error.

(c) A severable portion of the appeal may be disposed of in like manner without prejudice to the parties remaining.

(d) Such a disposition, if made after submission, shall not prevent issuance of an opinion by the court on the points presented if the court deems such an opinion appropriate.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule has been rewritten to apply after as well as before the transcript has been filed and to provide for similar disposition of a severable portion of the judgment.