Opinion issued September 23, 2004

In The

Court of Appeals

For The

First District of Texas

NO. 01–04–00214–CV

PAUL OUZENNE, INDIVIDUALLY AND OUZENNE CONSTRUCTION CO., Appellants

V.

LEON SHANKLE AND MARGIE BENTON SHANKLE, Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2003-13270

MEMORANDUM OPINIONAppellants Paul Ouzenne, Individually and Ouzenne Construction Co. have filed a motion to dismiss their appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          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 Bland.