Joe Hall, and Access Resources, Inc. v. Freddie Streit ( 2002 )

NO. 07-02-0221-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JULY 11, 2002

______________________________



JOE HALL AND ACCESS RESOURCES, INC., APPELLANTS

V.

FREDDIE STREIT, APPELLEE



_________________________________

FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY;

NO. 22451; HONORABLE TOM NEELY, JUDGE

_______________________________

Before QUINN and REAVIS and JOHNSON, JJ.

ON UNOPPOSED MOTION TO DISMISS

Appellants Joe Hall and Access Resources, Inc. filed separate accelerated notices of appeal challenging the trial court's order denying their motion for summary judgment. On July 3, 2002, appellants filed an unopposed motion to dismiss the appeal representing that the parties have reached a full and complete settlement of all disputed issues and that they do not wish to prosecute this appeal. We grant the motion and dismiss the appeal.

Without passing on the merits of the case, the motion is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal pursuant to the parties' request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

Justice

Do not publish.

OPINION

          Pending before this Court are two motions to dismiss this purported appeal filed by both Appellants and Appellees in which they maintain that Appellants failed to timely invoke the jurisdiction of this Court. We grant Appellant’s motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(1). Appellee’s motion is rendered moot.

          Having dismissed the appeal at the request of Appellants, no opinion having been rendered, no motion for rehearing will be entertained, and our mandate will issue forthwith.

                                                                           Patrick A. Pirtle

                                                                                 Justice