Opinion issued November 26, 2003

In The

Court of Appeals

For The

First District of Texas

NO. 01-02-01150-CV

JOHN S. WOODS, Appellant

V.

THE PLANK COMPANIES, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2001-26137

MEMORANDUM OPINION

           The Court today considered the Joint Motion to Dismiss the Appeal filed by appellant, John S. Woods, and appellee, The Plank Companies. The motion is granted and this appeal is dismissed. Tex. R. App. P. 42.1(a). Any pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate immediately. Tex. R. App. P. 18.1.

                                                                  Sam Nuchia

                                                                  Justice

Panel consists of Justices Hedges, Nuchia, and Higley.