Kevin O'Neill and Marilyn O'Neill v. Paul Kelley, Catherine Kelley, Phyllis Browing Company and Mary Ann Heller Nations--Appeal from 216th Judicial District Court of Kendall County

MEMORANDUM OPINION

No. 04-06-00247-CV

Kevin O'NEILL and Marilyn O'Neill,

Appellants
v.
Paul KELLEY, Catherine Kelley, Texas Home Check, Phyllis Browning Company,

Century Construction, Inc., Gene Burzynski, Inc. and Mary Ann Heller,

Appellees
From the 216th Judicial District Court , Kendall County, Texas

Trial Court No. 04-048-A

Honorable Stephen B. Ables , Judge Presiding

PER CURIAM

Sitting: Alma L. L pez , Chief Justice

Catherine Stone , Justice

Rebecca Simmons , Justice

Delivered and Filed: September 27, 2006

DISMISSED

Appellants have filed motions to dismiss this appeal with regard to all parties. The motion contains a certificate of service to appellees, who have not opposed the motion. Therefore, we grant the motion, dismiss the appeal with prejudice and vacate the orders entered by the trial court on October 21, 2005 granting defendants' no evidence motions for summary judgment, denying plaintiffs' counter-motion for partial summary judgment and denying plaintiffs' request for continuance and rehearing. See Tex. R. App. P. 42.1(a)(2). Costs of appeal are taxed against the parties incurring the same.

PER CURIAM