AMERICAN EXCESS & SURPLUS v. AFFOLTER CONTRACTING CO., INC.--Appeal from 214th District Court of Nueces County

NUMBER 13-00-760-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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AMERICAN EXCESS & SURPLUS , Appellant,
v.

AFFOLTER CONTRACTING COMPANY, INC. , Appellee.

_______________________________________________________________

On appeal from the 214th District Court

of Nueces County, Texas.

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O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Ya ez

Opinion Per Curiam

Appellant, AMERICAN EXCESS & SURPLUS , perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 94-2643-F . After the notice of appeal was filed and after the appeal was abated for purposes of settlement, the parties filed an agreed motion to dismiss the appeal. In the motion, the parties state that they have settled all disputes and controversies between them. The parties request that this Court dismiss the appeal.

The Court, having considered the documents on file and the agreed motion to dismiss the appeal, is of the opinion that the appeal should be reinstated and the agreed motion should be granted. The appeal is hereby reinstated. The agreed motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 14th day of February, 2002 .