Angelita E. Ortiz, Indiv. and as Representative of the Estate of Jose Fabian Ortiz, Deceased and as Next Friend of Ronnie Jay Ortiz and Jose Fabian Ortiz, Jr., Minors and Zoila P. Ortiz and Stephanie Ortiz as Next of Kin of Jose Famian Ortiz, Deceased v. Service Gin, Inc.--Appeal from 242nd District Court of Hale County
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NO. 07-04-0545-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 5, 2005 ______________________________ ANGELITA E. ORTIZ, Individually and as Representative of the Estate of JOSE FABIAN ORTIZ, Deceased, and as Next Friend of RONNIE JAY ORTIZ and JOSE FABIAN ORTIZ, JR., Minors, and ZOILA P. ORTIZ and STEPHANIE ORTIZ as Next Kin of JOSE FABIAN ORTIZ, DECEASED, Appellants V. SERVICE GIN, INC., Appellee _________________________________ FROM THE 242nd DISTRICT COURT OF HALE COUNTY; NO. B-33181-0313; HON. ED SELF, PRESIDING _______________________________ On Motion to Dismiss _______________________________ Before QUINN, REAVIS and CAMPBELL, JJ. Angelita E. Ortiz, Individually and as Representative of the Estate of Jose Fabian Ortiz, Deceased, and as Next Friend of Ronnie Jay Ortiz and Jose Fabian Ortiz, Jr., Minors, and Zoila P. Ortiz and Stephanie Ortiz as Next Kin of Jose Fabian Ortiz, Deceased, appellants, and Service Gin, Inc., appellee, by and through their attorneys, have filed a motion to dismiss this appeal because the parties have fully compromised and settled all issues in dispute and neither desire to pursue the appeal. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Brian Quinn Justice
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