Design Electric v. Cadence McShane Corporation

Motion to Correct Denied as Moot, Opinion of October 30, 2007, Vacated and Dismissed and Substitute Memorandum Opinion filed January 24, 2008

 

Motion to Correct Denied as Moot, Opinion of October 30, 2007, Vacated, Dismissed and, Substitute Memorandum Opinion filed January 24, 2008.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-06-00703-CV

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DESIGN ELECTRIC, Appellant

 

V.

 

CADENCE MCSHANE CORPORATION, Appellee

 

 

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 2004-18475

 

 

S U B S T I T U T E   M E M O R A N D U M   O P I N I O N

 

This is an appeal from a judgment signed May 15, 2006.  On October 30, 2007, this court issued an opinion, affirming in part and reversing and remanding in part.  On November 8, 2007, appellant filed a motion to correct the opinion, which we construe to be a motion for rehearing, extending our plenary power.  On January 11, 2008, the parties filed a joint motion to dismiss the appeal because the parties have settled the case.  We deny the motion to correct as moot, grant the motion to dismiss, vacate our opinion of October 30, 2007, and issue this substitute opinion.  See Tex. R. App. P. 42.1.

Accordingly, the appeal is ordered dismissed.

 

PER CURIAM

 

Judgment rendered and Substitute Memorandum Opinion filed January 24, 2008.

Panel consists of Justices Yates, Seymore, and Edelman.*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



*  Senior Justice Richard H. Edelman sitting by assignment.