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Opinion filed September 17, 2009
In The
Eleventh Court of Appeals
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No. 11-09-00174-CV
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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
M E M O R A N D U M O P I N I O N
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.