Permian Mattress Manufacturing, Inc. and Steven Burt Herrin v. Marvin Armock

Court of Appeals of Texas

Permian Mattress Manufacturing, Inc. and Steven Burt Herrin v. Marvin Armock

Court of Appeals of Texas·Decided July 28, 2011·No. 11-11-00032-CV·Published

Opinion

Opinion filed July 28, 2011

In The

Eleventh Court of Appeals __________

No. 11-11-00032-CV __________

PERMIAN MATTRESS MANUFACTURING, INC. AND STEVEN BURT HERRIN, Appellants V. MARVIN ARMOCK, Appellee

On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CV-44,676

MEMORANDUM OPINION Permian Mattress Manufacturing, Inc. and Steven Burt Herrin are the appellants in this appeal. They have filed a motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.1(a)(1). In the motion, appellants state that they “no longer desire to proceed with the appeal, and such dismissal will not prevent any other party from seeking appellate relief to which it would otherwise be entitled.” Therefore, in accordance with appellants’ request, we dismiss the appeal. The motion to dismiss is granted, and the appeal is dismissed.

PER CURIAM July 28, 2011 Panel consists of: Wright, C.J., McCall, J., and Hill, J.1

1 John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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Opinion filed July 28, 2011

In The

Eleventh Court of Appeals __________

No. 11-11-00032-CV __________

PERMIAN MATTRESS MANUFACTURING, INC. AND STEVEN BURT HERRIN, Appellants V. MARVIN ARMOCK, Appellee

On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CV-44,676

MEMORANDUM OPINION Permian Mattress Manufacturing, Inc. and Steven Burt Herrin are the appellants in this appeal. They have filed a motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.1(a)(1). In the motion, appellants state that they “no longer desire to proceed with the appeal, and such dismissal will not prevent any other party from seeking appellate relief to which it would otherwise be entitled.” Therefore, in accordance with appellants’ request, we dismiss the appeal. The motion to dismiss is granted, and the appeal is dismissed.

PER CURIAM July 28, 2011 Panel consists of: Wright, C.J., McCall, J., and Hill, J.1

1 John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

Permian Mattress Manufacturing, Inc. and Steven Burt Herrin v. Marvin Armock, (Tex. Ct. App. 2011).

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