NO. 07-02-0306-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C SEPTEMBER 5, 2002 ______________________________

GUY FOGEL, M.D., APPELLANT V. FABIAN MONTOYA, APPELLEE

_________________________________ FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY; NO. 2000-511,447; HONORABLE J. BLAIR CHERRY, JUDGE _______________________________ Before QUINN and REAVIS and JOHNSON, JJ.

Appellant Guy Fogel, M.D., and appellee, Fabian Montoya filed a Joint Motion to Dismiss After Settlement on August 26, 2002, averring that they no longer wished to prosecute this appeal.

Without passing on the merits of the case, the parties’ joint motion for dismissal is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. All costs having been paid, no order pertaining to the costs is made. Having dismissed the appeal at the parties’ request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Phil Johnson Justice

Do not publish.