Petroleum Wholesale, Inc. v. Shabana Enterprises, Inc. and Hussian Varsha--Appeal from 133rd District Court of Harris County
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NO. 07-00-0356-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
APRIL 16, 2002
______________________________
PETROLEUM WHOLESALE, INC., APPELLANT
V.
SHABANA ENTERPRISES, INC. AND VARSHA HUSSAIN, APPELLEES
_________________________________
FROM THE 133RD DISTRICT COURT OF HARRIS COUNTY;
NO. 97-44520; HONORABLE LAMAR MCCORKLE, JUDGE
_______________________________
Before QUINN and REAVIS and JOHNSON, JJ.
ON AGREED MOTION TO REINSTATE APPEALFOR ENTRY
OF SETTLEMENT AND JOINT MOTION TO DISMISS APPEAL
By opinion dated April 2, 2002, this Court dismissed this appeal pursuant to Rules
38.8(a)(1) and 42.3(a) and (c) of the Texas Rules of Appellate Procedure. On April 15,
2002, the parties filed two motions, to wit: an agreed motion to reinstate this appeal for
entry of settlement and a joint motion to dismiss this appeal pursuant to the settlement.
We withdraw our original opinion and judgment of April 2, 2002, and in lieu thereof, issue
the following opinion granting the parties’ motion to reinstate the appeal for entry of a
settlement and joint motion to dismiss.
By their pending motions, the parties represent that they have reached a settlement
in the underlying dispute and as an integral part of the settlement, the parties move jointly
to dismiss this appeal. Thus, we reinstate the appeal in order to enter an order of
dismissal. Having dismissed the appeal at the request of the parties, no motion for
rehearing will be entertained and our mandate will issue forthwith.
Accordingly, the appeal is hereby dismissed.
Don H. Reavis
Justice
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