John Patino and Mario Valdez v. Devorah C. Frost; H.E.B. Butt Grocery Co. and T.I.S., Incorporated--Appeal from 285th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00728-CV
John PATINO and Mario Valdez,
Appellants
v.
Devorah C. FROST,
Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-05738
Honorable David Peeples, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: March 17, 2004

MOTION TO DISMISS GRANTED; DISMISSED

Appellant filed a motion to dismiss this interlocutory appeal. The motion establishes that the underlying action has been dismissed and this appeal is now moot. We therefore grant the motion. See Tex. R. App. P. 42.1(a)(1). We order all costs of this appeal assessed against appellants John Patino and Mario Valdez. See Tex. R. App. P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM