TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00678-CV

Anthony R. Bertucci and Mildred L. Bertucci, Appellants v. Steven J. Portnoy d/b/a Carson Commercial Real Estate Brokerage, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. GN104244, HONORABLE PATRICK O. KEEL, JUDGE PRESIDING

MEMORANDUM OPINION

The parties mediated their dispute and settled the issues between them. Based on their mediated settlement, appellants Anthony R. Bertucci and Mildred L. Bertucci ask this Court to dismiss this appeal, and apportion costs according to the party incurring them.

On appellants’ motion, this appeal is dismissed and costs are taxed to the party incurring same. Tex. R. App. P. 42.1(a)(1).

Bob Pemberton, Justice Before Chief Justice Law, Justices B. A. Smith and Pemberton Dismissed on Appellants’ Motion Filed: December 2, 2004