Opinion issued July 15, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00175-CV

____________

CITY OF DICKINSON, TEXAS, Appellant

V.

FROST CONSTRUCTORS, INC., Appellee

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 03CV0918

MEMORANDUM OPINION

          Appellant has filed a motion to dismiss its appeal. In the certificate of conference portion of the motion, appellant’s counsel represents that he has conferred with opposing counsel and that she agrees to the motion and is unopposed to it. 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 Taft, Higley, and Bland.