Xtreme Operating Company, L.L.C., f/k/a Ira Oil & Gas, L.L.C. v. Submersible Pump Specialist--Appeal from 119th District Court of Runnels County (majority)

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NO. 07-12-00306-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 14, 2012 XTREME OPERATING COMPANY, L.L.C., F/K/A IRA OIL & GAS, L.L.C., APPELLANT v. SUBMERSIBLE PUMP SPECIALIST, INC., APPELLEE FROM THE 119TH DISTRICT COURT OF RUNNELS COUNTY; NO. 14,540; HONORABLE BEN WOODWARD, JUDGE Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. MEMORANDUM OPINION On November 2, 2012, appellant, Xtreme Operating Company, L.L.C. f/k/a Ira Oil & Gas, L.L.C., filed a motion to dismiss its appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, appellant s appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1). Appellant s motion requested that costs be taxed against appellant. If dismissal will prevent appellee from seeking relief to which it would otherwise be entitled, the Court directs appellee to file a timely motion for rehearing. No motion for rehearing from appellant will be entertained. Mackey K. Hancock Justice

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