COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-044-CV

LETA S. SCHOEN, INDIVIDUALLY APPELLANTS

AND D/B/A INSIGHT MEDIA

V.

O. B. MACARONI COMPANY APPELLEE

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FROM THE 153 RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered “Appellee’s Motion For Rehearing” and “Joint Motion To Dismiss Appeal And To Withdraw Opinion.”

It is the opinion of the court that said motion for rehearing is DENIED AS MOOT and the joint motion to dismiss appeal is GRANTED .  We hereby withdraw our opinion and judgment of July 18, 2002 and dismiss the appeal.   See  Tex. R. App. P . 42.1(a)(2).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

SUE WALKER

JUSTICE

PANEL A: CAYCE, C.J.; LIVINGSTON and WALKER, JJ.

[DELIVERED JANUARY 9, 2003]

FOOTNOTES

1:

See Tex. R. App. P. 47.4.