TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-00-00500-CV

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Steve Wimberly, Individually and d/b/a Erection Company and

300 Baylor, Inc., Appellants

v.

Fritz, Byrne & Head, L.L.P., Appellee

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FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY

NO. 248,886, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

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This Court issued an opinion and judgment in this cause on July 26, 2001. The appellee's motion for rehearing was overruled on September 13, 2001. The mandate has not yet issued.

On November 29, 2001, the parties filed a joint motion to dismiss the cause. The parties have informed this Court that they have settled their dispute. They request that this Court dismiss the suit, with prejudice, and tax the costs of suit against the party incurring the same. We will grant the parties' request to dismiss the cause. We withdraw the judgment of this Court dated July 26, 2001. The appeal is dismissed with prejudice.

Marilyn Aboussie, Chief Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Patterson

Dismissed on Joint Motion

Filed: December 6, 2001

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