First Bank & Trust Co. v. Arlen Harris and Arlen Harris Inc.

NO. 07-03-0180-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

OCTOBER 23, 2003 ______________________________

FIRST BANK & TRUST CO.,

Appellant v.

ARLEN HARRIS AND ARLEN HARRIS, INC.,

Appellee _________________________________

FROM THE 72nd DISTRICT COURT OF LUBBOCK COUNTY; NO. 2001-512,426; HON. J. BLAIR CHERRY, JR., PRESIDING _______________________________

Before QUINN and REAVIS, JJ., and BOYD, S.J.1

ORDER OF DISMISSAL

Appellant First Bank & Trust Co., by and through their attorney, has filed a motion to dismiss this appeal because they longer desire to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Justice