Texas Community Bank, N.A., Scott A. Carlisle and Dock Hi, L.L.C. v. Witte Investment Groups, LTD.

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-054 CV ____________________

TEXAS COMMUNITY BANK, N.A., SCOTT A. CARLISLE and DOCK HI, L.L.C., Appellants

V.

WITTE INVESTMENT GROUP, LTD., Appellee

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On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 03-03-02052-CV

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MEMORANDUM OPINION  

On February 15, 2007, this Court issued its opinion and judgment affirming the trial court's judgment. The appellants, Texas Community Bank, N.A., Scott A. Carlisle, and Dock Hi, L.L.C., and the appellee, Witte Investment Group, Ltd., jointly filed a motion to dismiss the appeal. The parties agree to tax costs and attorneys fees against the appellants. The parties jointly request that our prior opinion be withdrawn. The motion is voluntarily made by the parties before our plenary power over the judgment expired, and should be granted. See Tex. R. App. P. 19.1, 42.1(a)(2). Accordingly, we withdraw our opinion and judgment of February 15, 2007, substitute this opinion, and issue a new judgment. The motion to dismiss is granted and the appeal is dismissed. Costs and attorney's fees are taxed against the appellants.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered March 29, 2007

Before McKeithen, C.J., Gaultney and Kreger, JJ.