Lance Snack Foods, Inc. v. Delvin L. Morris--Appeal from 99th District Court of Lubbock County

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NO. 07-05-0328-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL E OCTOBER 25, 2006 ______________________________ LANCE SNACK FOODS, INC., Appellant v. DELVIN L. MORRIS, Appellee _________________________________ FROM THE 99th DISTRICT COURT OF LUBBOCK COUNTY; NO. 2004-528,650; HON. MACKEY K. HANCOCK, PRESIDING _______________________________ Memorandum Opinion _______________________________ Before QUINN, C.J., CAMPBELL, J., and BOYD, S.J.1 Lance Snack Foods, Inc., appellant, and Delvin L. Morris, appellee, have filed a joint motion to reverse judgment and remand the cause. Per the request of the parties, we grant the motion, reverse the judgment, and remand the cause to the trial court for further proceedings. See Dunn v. Canadian Oil & Gas Services, Inc., 908 S.W.2d 323 (Tex. App. El Paso 1995, no pet.) (authorizing such relief). Having reversed the judgment and 1 John T. B oyd, C hief Justice (R et.), Se venth Court o f Appea ls, sitting by assignm ent. T E X . G O V T C O D E A N N . ยง75.002 (a)(1 ) (Vernon Sup p. 2006). remanded the cause to the trial court at the request of the parties, no motion for rehearing will be entertained and our mandate shall issue forthwith. All costs of appeal are taxed to appellee. Brian Quinn Chief Justice 2

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