Opinion issued July 21, 2005

In The

Court of Appeals

For The

First District of Texas

NO. 01-04-00040-CV

JOHN MASTRIANI & MILTON WOROSKI, Appellants

V.

GARDNER T. BALDWIN, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2003-43146

MEMORANDUM OPINION

          This case was submitted on May 24, 2005. Appellee, Gardner T. Baldwin, has filed a motion indicating the parties’ intent to abandon all claims against each other by a negotiated settlement. The motion incorporates the parties’ settlement agreement, which is signed by all parties and their counsel and recites settlement of all claims.

          Accordingly, we order the cause dismissed with prejudice. Tex. R. App. P. 42.1(a)(2). Costs of this appeal and in the court below are to be borne by appellants, John Mastriani and Milton Woroski. Any pending motions in this appeal are overruled as moot. The Clerk of this Court is directed to issue the mandate immediately. Tex. R. App. P. 18.1.

                                                                        Elsa Alcala

                                                                        Justice

Panel consists of Justices Taft, Alcala, and Higley.