Opinion issued January 22, 2004

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-03-01042-CV

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INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellant

V.

ANDREW DAUGHERITY ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Appellee

On Appeal from the 21st District Court

Burleson County, Texas

Trial Court Cause No. 23,162

MEMORANDUM OPINION

          Appellant has admitted there is no appealable order and requested this Court to dismiss its 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.