TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00274-CV

Jim Donahue, Appellant

v.

Flintrock, Ltd.; Five Star Development Co., Inc.; William P. Resch on behalf of Five Star

Development Co., Inc.; Duke McDowell, individually and on behalf of Sterling Custom

Homes, Inc. d/b/a Sterling Custom Homes; and Jerry Winnett, individually and

on behalf of Winnett Group, Ltd., Inc. d/b/a Winnett Group Realty, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. GN401041, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

Appellant Jim Donahue has filed a motion to dismiss his appeal, informing this Court that the parties have settled their dispute and that he no longer wishes to pursue his appeal. Accordingly, we grant Donahue's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).

__________________________________________

David Puryear, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Dismissed on Appellant's Motion

Filed: September 23, 2004