TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00337-CV

Appellants, City of Waco, Texas; Pat and Tracey Wilson; Kobie Wood; and the John S.

Welsh Estate//Cross-Appellant, Ervin Colbentz d/b/a Americalf v. Appellees, Texas Commission on Environmental Quality and Ervin Colbentz d/b/a Americalf//Cross-Appellees, City of Waco, Texas; Pat and Tracey Wilson; Kobie Wood; and the John S. Welsh Estate

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT NO. GN103893, HONORABLE PATRICK O. KEEL, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants’ unopposed motions to dismiss this appeal are granted. See Tex. R. App. P. 42(a)(1). The appeal is dismissed and costs are assessed against the party incurring them.

Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Pemberton Dismissed on Appellants’ Motions Filed: October 21, 2004