Texas Community Bank, N.A., Scott A. Carlisle and Dock Hi, L.L.C. v. Witte Investment Groups, LTD.--Appeal from 221st District Court of Montgomery County

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In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-054 CV
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TEXAS COMMUNITY BANK, N.A., SCOTT A. CARLISLE
and DOCK HI, L.L.C., Appellants
V.
WITTE INVESTMENT GROUP, LTD., Appellee
On Appeal from the 221st District Court
Montgomery County, Texas
Trial Cause No. 03-03-02052-CV
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 The parties jointly request that our prior opinion be withdrawn.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.

_________________________________

CHARLES KREGER

Justice


Opinion Delivered March 29, 2007

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