Scott J. Frey and Brach's Confections, Inc. v. Blueberry Sales, L.L.P.--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SCOTT J. FREY and

BRACH S CONFECTIONS, INC.,

Appellants,

v.

BLUEBERRY SALES, L.L.P.,

Appellee.

No. 08-06-00122-CV

Appeal from

327th District Court

of El Paso County, Texas

(TC # 2006-1437)

MEMORANDUM OPINION

Pending before the Court is Appellants unopposed motion to dismiss this appeal from an order granting a temporary injunction. Attached to the motion is an order signed by the trial court dissolving the injunction. We therefore grant the motion and dismiss the appeal as moot. Tex.R.App.P. 42.1(a)(1). Costs are taxed against Appellants. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

November 9, 2006

ANN CRAWFORD McCLURE, Justice

Before McClure, J., Ables, J., and Barajas, C.J. (Ret.)

Ables, J., sitting by assignment

Barajas, C.J. (Ret.), sitting by assignment