ACG 1337, L.P. d/b/a IHOP #1337 v. Wanda Briscoe, Steve Carpenter, Mary Clement, Dana Hodge, Lucille Jeffries, Phillip Lamontagne, Jan Massey, Jerry Montgomery, Latrell Pritchett and Raymond Jeffrey Reed--Appeal from 320th District Court of Potter County (majority)

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In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-11-0463-CV ________________________ ACG TEXAS, L.P. D/B/A INTERNATIONAL HOUSE OF PANCAKES, ACG TEXAS GENERAL PARTNERSHIP, LLC, ACG 1337, L.P. D/B/A IHOP #1337, ACG TEXAS GP CORP., AND IHOP A/K/A INTERNATIONAL HOUSE OF PANCAKES, APPELLANTS V. WANDA BRISCOE, STEVE CARPENTER, MARY CLEMENT, DANA HODGE, LUCILLE JEFFRIES, PHILLIP LAMONTAGNE, JAN MASSEY, JERRY MONTGOMERY, LATRELL PRITCHETT, AND RAYMOND JEFFREY REED, APPELLEES On Appeal from the 320th District Court Potter County, Texas Trial Court Cause No. 98,563-D MEMORANDUM OPINION Before CAMPBELL and PIRTLE, JJ. and BOYD, S.J. 1 Opinion by Justice Pirtle February 19, 2013 Pending before this Court is Appellants Unopposed Motion to Dismiss Appeal. Without passing on the merits of the case, the motion is granted and the appeal is 1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. TEX. GOV T CODE ANN. § 75.002(A)(1) (W EST 2005). dismissed. TEX. R. APP. P. 42.1(a)(1). Per the parties request, costs are taxed against the party incurring them. Id. at 42.1(d). Having dismissed the appeal at the request of all parties, no motion for rehearing will be entertained and our mandate will issue forthwith. Patrick A. Pirtle Justice 2

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