Rafael Martinez v. Randy J. Pollet, M.D.

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS RAFAEL MARTINEZ, § No. 08-09-00230-CV Appellant, § Appeal from the v. § 34th Judicial District Court § RANDY J. POLLET, M.D., of El Paso County, Texas § Appellee. (TC# 2009-2303) § OPINION Pending before the Court is Appellant’s unopposed motion to lift abatement and dismiss this appeal. The appeal was abated on July 20, 2011, on Appellant’s motion to permit the parties to negotiate a settlement agreement. According to the motion now before the Court, the parties have settled their dispute, and Appellant no longer wishes to pursue the appeal. Appellant states that he has conferred with Appellee, and that Appellee does not oppose the motion. Accordingly, the motion is GRANTED. The appeal is reinstated on the docket of this Court, and is hereby dismissed. See TEX .R.APP .P. 42.1(a)(1). October 11, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.