Caterpillar Financial Services Corporation v. Darrell Carder d/b/a Carder Sand & Gravel--Appeal from 23rd District Court of Brazoria County

Opinion issued September 28, 2006

In The

Court of Appeals

For The

First District of Texas

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NO. 01-06-00627-CV

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CATERPILLAR FINANCIAL SERVICES CORPORATION, Appellant

V.

DARRELL CARDER D/B/A CARDER SAND & GRAVEL, Appellee

On Appeal from the 23rd District Court

Brazoria County, Texas

Trial Court Cause No. 35101

MEMORANDUM OPINION

Appellant has filed a motion to dismiss its appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.