Lin's Restaurant, Inc. v. JAC Commercial and Residential Construction, LLC and Toji Endo ( 2010 )

NO. 07-10-0203-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JULY 7, 2010 ______________________________ LIN'S RESTAURANT, INC. Appellant V. JAC COMMERCIAL AND RESIDENTIAL CONSTRUCTION, LLC AND TOJI ENDO, Appellees ________________________________ FROM THE 237th DISTRICT COURT OF LUBBOCK COUNTY; NO. 2009-547,229; HONORABLE SAM MEDINA, PRESIDING _______________________________ ORDER DISMISSING APPEAL _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK , JJ. Appellant has filed a motion to dismiss. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith. Brian Quinn Chief Justice