The Park Associates, Inc, Michael Tehan and Neil Chur, Jr. v. Ninfa Loera, Individually, Ninfa Loera, as Administatrix of the Estate of Pedro C. Gomez, Sr., Deceased, et al.--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-00-342-CV

THE PARK ASSOCIATES, INC.,

MICHAEL TEHAN AND NEIL CHUR, JR.,

Appellants

v.

NINFA LOERA, INDIVIDUALLY,

NINFA LOERA, AS ADMINISTRATRIX

OF THE ESTATE OF PEDRO C. GOMEZ, SR.,

DECEASED, ET AL.,

Appellees

From the 82nd District Court

Robertson County, Texas

Trial Court # 99-09-15,831-CV

MEMORANDUM OPINION

On December 12, 2000, Appellants filed an unopposed motion to dismiss the appeal. In relevant portion, Rule 42.1 of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk;

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

Appellants state that the underlying litigation has been settled and that Appellees do not oppose this motion.

Therefore, under the authority of Rule 42.1, the appeal is dismissed. Id. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed

Opinion delivered and filed December 20, 2000

Do not publish