NO. 07-05-0239-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

SEPTEMBER 29, 2005

______________________________

OAKWIND, LTD., APPELLANT

V.

TGI FRIDAYS, INC., APPELLEE

_________________________________

FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY;

NO. 017-209288-04; HONORABLE FRED W. DAVIS, JUDGE

_______________________________

Before QUINN, C.J., and REAVIS and HANCOCK, JJ.

MEMORANDUM OPINION

Appellant Oakwind, Ltd. appealed a summary judgment in favor of appellee TGI Fridays, Inc. for a claim on common area maintenance charges due under a lease.  Pending before this Court is a joint motion to dismiss the appeal by which the parties  represent Oakwind no longer wishes to pursue the matter.  

Without passing on the merits of the appeal, we grant the motion and dismiss the appeal.  Tex. R. App. P. 42.1(a).  Pursuant to the motion, costs are to be assessed against the party incurring them.  Having dismissed the appeal at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis

    Justice