One Stop Food Store, Inc. v. Jon C. Elrod--Appeal from County Court at Law No 2 of Collin County

IN THE

TENTH COURT OF APPEALS

No. 10-94-154-CV

ONE STOP FOOD STORE, INC.,

Appellant

v.

JON C. ELROD,

Appellee

From the County Court at Law No. 2

Collin County, Texas

Trial Court # 2-65-94

MEMORANDUM OPINION

One Stop Food Store, Inc., Appellant, and Jon C. Elrod, Appellee, have filed an agreed motion to dismiss this appeal pursuant to Rule 52 of the Texas Rules of Appellate Procedure. They state in their motion that they have settled their dispute and that the trial court has modified its judgment pursuant to Rule 329 of the Texas Rules of Civil Procedure. Thus, according to their sworn motion, the judgment appealed from is no longer the controlling judgment in this cause.

The motion is granted and the appeal is dismissed with the costs of appeal to be borne by the party incurring same.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Order issued and filed May 25, 1994

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