IN THE

TENTH COURT OF APPEALS

No. 10-03-211-CV

     PAUL MOORE AND

     PAUL MOORE'S ROOFING

     AND ASPHALT PAVING,

                                                                              Appellants

     v.

     JOEL DALE DAVIS,

                                                                              Appellee

From the 13th District Court

Navarro County, Texas

Trial Court # 02-00-12046-CV

MEMORANDUM OPINION

      Appellants suffered a default judgment and perfected this appeal. Thereafter, the trial court granted their motion for new trial. The Clerk of this Court notified the parties that the appeal appears subject to dismissal for want of jurisdiction because the trial court granted a new trial. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (“an appeal may be taken only from a final judgment”). In response, Appellants have filed a motion to dismiss the appeal.

      Rule of Appellate Procedure 42.1(a)(1) provides:

(a) The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(1).

      Appellants’ dismissal motion satisfies the requirements of the appellate rules. Appellee has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against Appellants. See id. 42.1(d).

                                                                   PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Judge Allen (Sitting by Assignment)

Appeal dismissed

Opinion delivered and filed December 12, 2003

[CV06]