Susan J. Spillois v. Horn, Wallace, Cole & Co., LTD d/ba/ Horn Murdock Cole--Appeal from 334th District Court of Harris County

Dismissed and Memorandum Opinion filed October 5, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-01067-CV

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SUSAN J. SPILLIOS, Appellant

V.

HORN, WALLACE, COLE & CO., LTD. d/b/a HORN MURDOCK COLE, Appellee

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 05-58586

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

This is an interlocutory appeal from an order signed September 29, 2005. On October August 24, 2006, we granted the parties= joint motion to abate for settlement and we issued an order abating the case until October 25, 2006, or until further orders of this court. On September 27, 2006, appellant filed an unopposed motion to dismiss the appeal because the case has been settled. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, we lift the abatement and order the appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 5, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.