Greenbelt Electric Cooperative v. Barry Sanders and Lynn Mills--Appeal from 31st District Court of Wheeler County
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NO. 07-01-0249-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
AUGUST 14, 2002
______________________________
GREENBELT ELECTRIC COOPERATIVE, APPELLANT
V.
LYNN MILLS AND BARRY SANDERS, APPELLEE
_________________________________
FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY;
NO. 10,372-A; HONORABLE GRAINGER W. McILHANY, JUDGE
_______________________________
Before BOYD, C.J., and REAVIS and JOHNSON, JJ.
ON AGREED MOTION TO DISMISS
On original submission, we affirmed a judgment in favor of appellees Lynn Mills and
Barry Sanders. Appellant Greenbelt Electric Cooperative then filed a motion for rehearing.
While that motion was pending, the parties reached a settlement and have now filed an
agreed motion to dismiss with prejudice. We withdraw our original opinion and judgment
of March 20, 2002 and, in lieu thereof, grant the motion to dismiss the appeal.
Without passing on the merits of the case, the appeal is hereby dismissed with
prejudice. Tex. R. App. P. 42.1(a). Having dismissed the appeal at the request of both
parties, no further motion for rehearing will be entertained and our mandate will issue
forthwith. Pursuant to the motion, all costs are to be assessed against the party incurring
them. Our dismissal of the case renders the pending motion for rehearing moot.
Don H. Reavis
Justice
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