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 1 John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov’t Code Ann. §75.002(a)(1) (Vernon Supp. 2003).