

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
 
 
 
 

