TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-01-00372-CV

North Texas Operating Company, Inc. and Cecil Earl Mallow, Appellants v. State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. 97-09161, HONORABLE MARGARET COOPER, JUDGE PRESIDING

On January 23, 2002, appellants filed an unopposed motion to dismiss this cause.

Appellant Cecil Mallow has died, and his estate has paid the judgment rendered by the trial court and received a release of judgment. Appellant North Texas Operating Company, Inc. has informed this Court that it no longer intends to pursue this appeal. Appellee does not oppose the motion.

Accordingly, we will grant appellants’ motion; the appeal is dismissed with prejudice.

__________________________________________ Jan P. Patterson, Justice Before Justices Kidd, Patterson, and Puryear Dismissed on Appellants’ Motion Filed: February 22, 2002 Do Not Publish