Hewlett-Packard Company v. Muzette Alvis and Craig Plokhooy, on Behalf of Themselves and Others Similarly Situated

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-147 CV

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HEWLETT-PACKARD COMPANY,

Appellant and Cross-Appellee

V.

MUZETTE ALVIS and CRAIG PLOKHOOY,

On Behalf of Themselves and Others Similarly Situated,

Appellees and Cross-Appellants

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On Appeal from the 58th District Court

Jefferson County, Texas

Trial Cause No. A-164,880

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MEMORANDUM OPINION

We lift our order of abatement, entered December 20, 2007, and reinstate the appeal.

The appellant, Hewlett-Packard Company, and the appellees, Muzette Alvis and Craig Plokhooy, on behalf of themselves and others similarly situated, filed a joint motion to dismiss this accelerated appeal. The motion is voluntarily made by the agreement of the parties prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(2). We grant the joint motion to dismiss and dismiss the appeal.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered September 11, 2008

Before McKeithen, C.J., Kreger and Murphy, JJ. ⁽¹⁾

1. The Honorable Paul Murphy, Senior Chief Justice, sitting by assignment pursuant to Tex. Gov't Code Ann. § 74.003(b) (Vernon 2005).