TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-98-00070-CV

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Coldwell Banker/Richard Smith Realtors, Pat Van Hoy and

Gretchen Woellner, Appellants

v.

Joyce D. Kubala and Edward F. Kubala, Appellees

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT

NO. 95-13008, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING

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The parties to this appeal have filed a motion to have us withdraw our opinion and dismiss this appeal. Because they also assert that they have resolved all matters in controversy and no longer wish to pursue the litigation, we presume they wish to have the judgment withdrawn as well.

We grant their motion. Our opinion and judgment rendered September 16, 1999 are withdrawn. All other pending motions, including those for rehearing, are dismissed as moot.

This appeal is dismissed pursuant to the parties' agreement. See Tex. R. App. P. 42.1(a).

Lee Yeakel, Justice

Before Justices Jones, B. A. Smith and Yeakel

Appeal Dismissed on Agreed Motion

Filed: March 2, 2000

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