Smith International, Inc., and/or Smith Services and Harley Tyler v. Israel Bustamante--Appeal from 286th District Court of Cochran County

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NO. 07-08-0059-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B APRIL 14, 2008 ______________________________ SMITH INTERNATIONAL, INC. AND/OR SMITH SERVICES AND HARLEY TYLER, Appellants V. ISRAEL BUSTAMANTE, Appellee _________________________________ FROM THE 286th DISTRICT COURT OF COCHRAN COUNTY; NO. 06-04-3964; HON. HAROLD PHELAN, PRESIDING _______________________________ ON MOTION TO DISMISS _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellants, by and through their attorney, represent to the court that they no longer wish to pursue this appeal and ask the Court to dismiss it. Appellee agrees to this motion. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2), vacate the trial court s judgment, and dismiss the case. TEX R. APP. P. 43.2(e) (stating that an appellate court may vacate a trial court s judgment and dismiss the case). Our having done so at the request of all the litigants, no motion for rehearing will be entertained, and our mandate will issue forthwith. Brian Quinn Chief Justice