
NO. 07-02-0306-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL C



SEPTEMBER 5, 2002



______________________________





GUY FOGEL, M.D., APPELLANT



V.



FABIAN MONTOYA, APPELLEE





_________________________________



FROM THE 72
ND
 DISTRICT COURT OF LUBBOCK COUNTY;



NO. 2000-511,447; HONORABLE J. BLAIR CHERRY, JUDGE



_______________________________



Before QUINN and REAVIS and JOHNSON, JJ.

Appellant Guy Fogel, M.D., and appellee, Fabian Montoya filed a Joint Motion to Dismiss After Settlement on August 26, 2002, averring that they no longer wished to prosecute this appeal.

Without passing on the merits of the case, the parties’ joint motion for dismissal is granted and the appeal is hereby dismissed.  Tex. R. App. P. 42.2.   All costs having been 

paid, no order pertaining to the costs is made.  Having dismissed the appeal at the parties’ request, no motion for rehearing will be entertained and our mandate will issue forthwith.  





Phil Johnson

    	    Justice





















Do not publish.

