Opinion
No. 07-04-0241-CV
September 8, 2004.
Appeal from the 237th District Court of Lubbock County; No. 2003-522,667; Honorable Sam Medina, Judge.
Panel A: Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.
MEMORANDUM OPINION
On September 7, 2004, appellants, Kenneth and Dawn Deschler, filed a Motion for Voluntary Dismissal pursuant to Tex.R.App.P. 42.1(a)(2) based on an agreement resolving the underlying dispute. The motion includes a certificate of service that counsel for appellee was served a copy of the motion via fax on September 2, 2004. No response to the motion has been received.
A rule of appellate procedure will hereafter be referred to as "Rule ____."
Accordingly, without passing on the merits of the case, appellant's Motion for Voluntary Dismissal is granted and the appeal is hereby dismissed. Rule 42.1(a).
All costs are assessed to appellant. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.