TURNER CONSTRUCTION COMPANY OF TEXAS v. PHARR-SAN JUAN-ALAMO INDEPENDENT SCHOOL DISTRICT AND ITS BOARD OF TRUSTEES--Appeal from 93rd District Court of Hidalgo County

NUMBER 13-03-520-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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TURNER CONSTRUCTION COMPANY OF TEXAS, Appellant,

 
v.

PHARR-SAN JUAN-ALAMO INDEPENDENT SCHOOL

DISTRICT AND ITS BOARD OF TRUSTEES, Appellee.

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On appeal from the 93rd District Court
of Hidalgo County, Texas.

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MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Hinojosa and Ya ez

Memorandum Opinion Per Curiam

 

Appellant, TURNER CONSTRUCTION COMPANY OF TEXAS, perfected an appeal from a judgment entered by the 93rd District Court of Hidalgo County, Texas, in cause number C-779-00-B-01. On March 16, 2006, this Court issued a memorandum opinion reversing the judgment of the trial court. Appellee filed a petition for review with the Texas Supreme Court, and on September 29, 2006, the Texas Supreme Court granted the parties' joint motion to grant petition for review and to remand to court of appeals to permit voluntary dismissal. Appellant has now filed its unopposed motion for voluntary dismissal. Appellee has filed an unopposed motion for withdrawal of this Court's opinion issued on March 16, 2006.

The Court, having considered the documents on file and the unopposed motions to dismiss the appeal and for withdrawal of Court's opinion, is of the opinion that the motions should be granted. Appellee's unopposed motion for withdrawal of Court's opinion is GRANTED, and this Court's memorandum opinion and judgment dated March 16, 2006, are hereby WITHDRAWN. Appellant's unopposed motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 16th day of November, 2006.