Dismissed and Memorandum Opinion filed September 2, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00350-CV

____________

FICHERA BUILDERS, INC., Appellant

V.

TEXAS GULF SEAFOOD, INC., Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No.  01CV0245

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed January 6, 2004.

On August 24, 2004, the parties filed an agreed motion to dismiss the appeal because the case has been settled.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 2, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.