Opinion issued June 23, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00940-CV

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WAYNE PHILLIPS D/B/A PHILLIPS NUTRITIONALS, Appellant

V.

MARION ZAMORA, Appellee

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 803,643

MEMORANDUM OPINION

          Appellant WAYNE PHILLIPS D/B/A PHILLIPS NUTRITIONALS has filed a motion to dismiss his appeal. The motion is unopposed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Keyes, and Bland.