Eugene L. Heiman v. Sammy King--Appeal from 359th District Court of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-08-320 CV ____________________ EUGENE L. HEIMAN, Appellant V. SAMMY KING, Appellee On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 05-09-08571 CV MEMORANDUM OPINION The appellant, Eugene L. Heiman, and the appellee, Sammy King, filed a joint motion to dismiss this appeal. The motion is voluntarily made by the parties prior to any decision of this Court and should be granted. See T EX. R. A PP. P. 42.1(a)(2). No other party filed notice of appeal. The motion to dismiss is granted and the appeal is dismissed. APPEAL DISMISSED. _____________________________ STEVE McKEITHEN Chief Justice Opinion Delivered October 2, 2008 Before McKeithen, C.J., Kreger and Horton, JJ. 1

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