
NO. 07-04-0314-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



SEPTEMBER 2, 2004



______________________________





SCHOENBORN & DOLL ENTERPRISES, INC., 

INTERVENER INTO JUDY NOLAN, APPELLANT



V.



AMERICAN CLUB SYSTEMS, INC., APPELLEE





_________________________________



FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY;



NO. 2002-517,144; HONORABLE SAM MEDINA, JUDGE



_______________________________



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

MEMORANDUM OPINION

Appellant Schoenborn & Doll Enterprises, Inc., Intervener into Judy Nolan, perfected this appeal challenging the trial court’s summary judgment in favor of appellee American Club Systems, Inc.  Pending before this Court is Schoenborn’s motion by which it represents it desires to have this appeal dismissed without prejudice.  Without passing on the merits of the case, the motion is granted and the appeal is hereby dismissed.  
See
 Tex. R. App. P. 42.1(a)(1).

Don H. Reavis

    Justice

