Advanced Industries, Inc. v. Cactus Operating, Ltd. D/B/A Cactus Feeders, and Amistad Aviation, Inc.

Opinion

NO. 07-04-0534-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

JUNE 20, 2005 ______________________________

ADVANCED INDUSTRIES, INC.,

Appellant

v.

CACTUS OPERATING LTD. d/b/a CACTUS FEEDERS, and AMISTAD AVIATION, INC.,

Appellees _________________________________

FROM THE 69th DISTRICT COURT OF MOORE COUNTY;

NO. 04-14; HON. RON ENNS, PRESIDING _______________________________

ON MOTION TO DISMISS _______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Advanced Industries, Inc., appellant, and Cactus Operating Ltd. d/b/a Cactus

Feeders, and Amistad Aviation, Inc., appellees, by and through their attorneys, have filed

a motion to dismiss this appeal with prejudice because the parties have fully compromised

and settled all issues in dispute and neither desire to pursue the appeal. 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 the parties’ request, no motion for rehearing will be entertained, and our mandate will issue

forthwith.

Brian Quinn Chief Justice