Opinion issued October 28, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-00070-CV

____________

EASTEX RECONDITIONING, INC., D/B/A E.R.I. MOTORS,

AND DON MURPHY, Appellants

V.

FIRST EDUCATORS CREDIT UNION, Appellee

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2000-51534

MEMORANDUM OPINION

          Appellants, Eastex Reconditioning, Inc., d/b/a E.R.I. Motors, and Don Murphy, have filed a motion to dismiss their appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(2).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.