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

MEMORANDUM OPINION

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