Opinion issued January 29, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00055-CV

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MATTHEW A. KORNHAUSER AND DAVID L.H. PAYNE, Appellants

V.

HELM COMPANIES, Appellee

On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2001-62744-B

MEMORANDUM OPINION

          Appellants have filed an unopposed motion to dismiss their appeal. More than 10 days has 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)(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, Alcala, and Hanks.