Hearing Technologies, Inc. v. Call Away Enterprises--Appeal from County Court at Law No 3 of Lubbock County

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NO. 07-01-0440-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 15, 2001 ______________________________ HEARING TECHNOLOGIES, INC., Appellant v. CALL AWAY ENTERPRISES, INC., Appellee ______________________________ FROM THE COUNTY COURT NO. 3 OF LUBBOCK COUNTY; NO. 590,344; HON. WILLIAM R. SHAVER, PRESIDING ______________________________ ORDER ON APPELLANT S MOTION TO DISMISS APPEAL Before QUINN, REAVIS and JOHNSON, JJ. Hearing Technologies, Inc., appellant, has moved to dismiss its appeal contending that the motion is made as part of a settlement by the parties of all issues on appeal and that the parties have agreed to a contractual resolution of the matters on appeal. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant s personal request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Brian Quinn Justice Do not publish. 2

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