Robert Patrick Whiteaker Whiteaker Ranches, Inc. v. Martha Lane Clark, Debra Carol Horn, Travis Wayne Horn, Travis Lee Parker, Otis Brandon Parker and Monica Carol Randall

Opinion

NO. 07-10-0046-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

FEBRUARY 17, 2010

______________________________

ROBERT PATRICK WHITEAKER AND ROBERT WHITEAKER RANCHES, INC., APPELLANTS

V.

DOUG LATHEM, APPELLEE

_________________________________

FROM THE 69TH DISTRICT COURT OF HARTLEY COUNTY;

NO.4371-H; HONORABLE RON ENNS, JUDGE

_______________________________

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

MEMORANDUM OPINION

Pending before this Court is Appellants' Motion to Dismiss Appeal Without

Prejudice in which they represent that the issues presented in this appeal have been

rendered moot by this Court's Order on Petition for Writ of Mandamus and Judgment

rendered in cause number 07-10-00001-CV on February 4, 2010. Without passing on

the merits of the case, the motion to dismiss is granted and the appeal is dismissed without prejudice. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at

Appellants= request, no motion for rehearing will be entertained, and our mandate will

issue forthwith.

Patrick A. Pirtle Justice