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AIRPORT AND CHANNEL CORPORATION, Appellant,

MILLENNIUM MARINA, L.L.C., ET AL., Appellees.

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Opinion Per Curiam

Appellant, AIRPORT AND CHANNEL CORPORATION, perfected an appeal from an order entered by County Court at Law No. One of Nueces County, Texas, in cause number 03-61277-1. After the record and briefs were filed and after the cause was set for submission and oral argument, appellant filed a motion to dismiss the appeal. In the motion, appellant states that an agreed order granting non-suit has been signed by the trial court, and there is no longer any basis for this interlocutory appeal. Appellant requests that this Court dismiss the appeal as moot.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Opinion delivered and filed this

the 13th day of November, 2003.