McLister Television Enterprises, Inc. C/B/A KAMC TV Channel 28: Gregory F. McLister, an Ind: And James Clark, an Ind. v. Bobby Frank Blue

• Court: Court of Appeals of Texas
• Decided: October 18, 2001
• Docket: 07-01-00259-CV
• Status: Published

Opinion

NO. 07-01-0259-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL A

OCTOBER 18, 2001

______________________________

MCALISTER TELEVISION ENTERPRISES, INC. D/B/A KAMC-TV

CHANNEL 28; GREGORY F. MCALISTER, AN INDIVIDUAL;

JAMES CLARK, AN INDIVIDUAL, APPELLANTS

V.

BOBBY FRANK BLUE, APPELLEE

_________________________________

FROM THE 99^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 97-560,705; HONORABLE MACKEY C. HANCOCK, JUDGE

_______________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

In this proceeding, appellants McAlister Television Enterprises, Inc. d/b/a KAMC-TV Channel 28, Gregory F. McAlister, and James Clark appeal from an order denying their motion for summary judgment in a lawsuit brought by appellee Bobby Frank Blue for libel and slander. A timely notice of appeal was given.

The parties have now filed a joint motion to dismiss, representing that they have compromised and settled all claims between them. Because appellants have complied with the requisites of Rule 42.1 of the Texas Rules of Appellate Procedure, we grant the motion to dismiss. Furthermore, because this is a voluntary dismissal, no motion for rehearing will be entertained and our mandate will issue forthwith.

John T. Boyd

Chief Justice

Do not publish.

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NO. 07-10-00052-CV

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

JUNE 4, 2010

TOM UPCHURCH, JR., WAYNE B. BARFIELD AND WAYNE B. BARFIELD, P.C., APPELLANTS

COLLIN J. FOWLER AND BARBARA SUE FOWLER, INDIVIDUALLY AND AS NEXT FRIENDS OF WILLIAM JAMES FOWLER, DECEASED, JOE ROMO AND FLOYD TUTSON, APPELLEES

 FROM THE 47TH DISTRICT COURT OF POTTER COUNTY;

NO. 79,998-A; HONORABLE EDWARD LEE SELF, JUDGE

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Appellants, Tom Upchurch, Jr., Wayne B. Barfield, and Wayne B. Barfield, P.C., have filed a motion for voluntary dismissal of their notice of appeal.  See Tex. R. App. P. 42.1(a)(1).  No decision of this Court having been delivered to date, we grant the motion.  Accordingly, the appeal is dismissed.  Id.  All costs related to this appeal are assessed against appellants. See Tex. R. App. P. 42.1(d).  If dismissal will prevent appellees from seeking relief to which they would otherwise be entitled, the Court directs appellees to file a timely motion for rehearing.  No motion for rehearing from appellants will be entertained.

                                                                                                Mackey K. Hancock

                                                                                                            Justice