Ashkar Engineering Corporation v. Gulf Chemical & Metallurgical Corporation ( 2010 )

Opinion issued April 15, 2010  

In The  

Court of Appeals  

For The  

First District of Texas

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NO. 01-09-00855-CV

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ASHKAR ENGINEERING CORPORATION, Appellant

V.

GULF CHEMICAL & METALLURGICAL CORPORATION, Appellee

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On Appeal from the 215th District Court

Harris County, Texas

Trial Court Cause No. 2008–66374

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SUPPLEMENTAL MEMORANDUM OPINION

          The parties have filed a joint motion to dismiss this appeal, informing us that the parties “have settled their dispute in the trial court” and “agree to a voluntary dismissal.” The parties request that the Court’s earlier opinion and judgment, issued on February 4, 2010, be withdrawn. Appellee, Gulf Chemical, also asks this Court to dismiss its Motion for Rehearing. This court issued an order denying rehearing on March 22, 2010.

          Accordingly, the joint motion to dismiss is granted insofar as our judgment of February 4, 2010 and our order of March 22, 2010 on the motion for rehearing are withdrawn, and the appeal is dismissed. See Tex. R. App. P. 42.1(a)(2), 43.2(e). The motion is denied with regard to withdrawal of our opinion dated February 4, 2010.

          The Clerk is directed to issue mandate within 10 days of the date of this opinion. See Tex. R. App. P. 18.1.

                                                   Laura Carter Higley

                                                   Justice

Panel consists of Chief Justice Radack and Justices Alcala and Higley.