The appellants, Gulf Coast Data Services, Inc., The Eric William Carter Trust, Eric G. Carter, Creeklake Cove Corporation, Bill Rogers, Vemery Enterprises, Inc., and O.D. Kenemore, filed a motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal have been mooted through settlement. The Court finds that the motion is voluntarily made by the motion of the appellants prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED without reference to the merits of the appeal. Appellate costs are assessed against the appellants.

PER CURIAM

Opinion Delivered February 19, 2004

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.