Mark Swank and James J. McCoy, Jr., individually and in their derivative capacity on behalf of Automated Marine Propulsion Services, Inc. v. Lloyd R. Cunningham et al--Appeal from 61st District Court of Harris County

Opinion filed May 24, 2007

In The

Eleventh Court of Appeals

____________

   No. 11-06-00172-CV

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   MARK SWANK ET AL, Appellants

V.

LLOYD R. CUNNINGHAM ET AL, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2005-36985

M E M O R A N D U M O P I N I O N

An unopposed joint motion to dismiss appellants= appeal as to John N. Turitzin has been filed in this court. The motion is granted, and the appeal only as to John N. Turitzin is dismissed.

PER CURIAM

May 24, 2007

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.