Kent Hytken and HPGP LLC v. Sparkleberry EB, LLC, East Beach Project Phase I, LTD, SourceOne Capital Group, LP, Galveston 35, LLC, Frank Schaefer Construction, Inc, Frank G. SChaefer and Noeleen Schaefer, Indiv and as Trustees of the Schaefer Family Trust and Galveston Shores LP--Appeal from 212th District Court of Galveston County

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Dismissed and Memorandum Opinion filed June 10, 2010. In The Fourteenth Court of Appeals ____________ NO. 14-10-00365-CV ____________ KENT HYTKEN AND HPGP L.L.C., Appellants V. SPARKLEBERRY EB, L.L.C., EAST BEACH PROJECT PHASE I, LTD. SOURCEONE CAPITAL GROUP, L.P., GALVESTON 35, L.L.C., FRANK SCHAEFER CONSTRUCTION, INC., FRANK G. SCHAEFER AND NOLEEN SCHAEFER, INDIVIDUALLY AND TRUSTEES OF THE SCHAEFER FAMILY TRUST AND GALVESTON SHORES, L.P. Appellees On Appeal from the 212th District Court Galveston County, Texas Trial Court Cause No. 2009CV1723 MEMORANDUM OPINION This is an appeal from a judgment signed March 25, 2010. On May 27, 2010, appellant filed a motion to dismiss the appeal because the case has settled. See Tex. R. App. P. 42.1. The motion is granted. Accordingly, the appeal is ordered dismissed. PER CURIAM Panel consists of Justices Anderson, Frost, and Seymore.

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