Opinion filed September 17, 2009

In The

Eleventh Court of Appeals ____________ No. 11-09-00174-CV __________ WAL-MART STORES, INC. AND WAL-MART PHARMACY, Appellants V. DAVID JAKOBOT, Appellee

On Appeal from the 90th District Court Stephens County, Texas Trial Court Cause No. 27,677

MEMORANDUM OPINION David Jakobot has filed in this court a motion to dismiss this appeal on the grounds that a petition for writ of mandamus is the appropriate vehicle to challenge the trial court’s ruling.

Appellants have filed a response in which both agree with Jakobot. Wal-Mart Stores, Inc. and Wal- Mart Pharmacy have filed a petition for writ of mandamus now pending before this court. The motion is granted, and the appeal is dismissed.

September 17, 2009 PER CURIAM Panel consists of: Wright, C.J., McCall, J., and Strange, J.