TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00736-CV

TippingPoint Technologies, Inc., successor-in-interest to Netpliance, Inc., Appellant v. Lakewood Property Trust as successor in-interest to HUB Properties Trust, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. GN300311, HONORABLE PAUL DAVIS, JUDGE PRESIDING

MEMORANDUM OPINION

The parties have filed a motion to dismiss this appeal with prejudice, informing this Court that they have settled their differences and dismissed the underlying proceeding in district court. We grant the motion and dismiss this appeal.

Mack Kidd, Justice Before Justices Kidd, Puryear, and Pemberton Dismissed on Joint Motion Filed: January 8, 2004