Guy DeLuna, P.T. v. Billy Wells--Appeal from 76th District Court of Camp County

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-08-00083-CV ______________________________ GUY DELUNA, P.T., Appellant V. BILLY WELLS, Appellee On Appeal from the 76th Judicial District Court Camp County, Texas Trial Court No. CV-07-582 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Appellee, Billy Wells, has filed a document entitled "Appellee's Brief," which this Court deems to be a motion to dismiss. That motion is overruled. Attached to that document is an exhibit a copy of a "Joint Motion for Non-Suit" signed by attorneys for both appellant and appellee filed in the district court of Camp County. Due to the exhibit attached to the motion, this Court sua sponte remands this case to the district court of Camp County for dismissal pursuant to agreement of the parties, or for other appropriate action. See TEX . R. APP . P. 42.1. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: January 21, 2009 January 22, 2009 2

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