NO. 07-11-0104-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

APRIL 29, 2011

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DUTCHER'S AUTO COLLISION REPAIR, LLC, APPELLANT

V.

LUIS AGUILAR, APPELLEE

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FROM COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY;

NO. 98,764-2; HONORABLE PAMELA COOK SIRMON, JUDGE

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

MEMORANDUM OPINION

            Pending before this Court is Appellant's Motion to Dismiss Cause of Action in which Appellant, Dutcher's Auto Collision Repair, LLC, represents it has settled its claims with Appellee, Luis Aguilar.  Without passing on the merits of the case, we grant Appellant's motion and dismiss this appeal with prejudice.  Tex. R. App. P. 42.1(a)(1).  No agreement by the parties on costs having been presented in the motion, costs will be taxed against Appellant.  Tex. R. App. P. 42.1(d).  Having dismissed the appeal at Appellant=s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

                                                                                    Patrick A. Pirtle

                                                                                          Justice