TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00403-CV

Kerry Elliot and Debra Elliot, Appellants v. Phoenix Irrigation LP d/b/a Austin Plumbing, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. GN401403, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants Kerry Elliot and Debra Elliot no longer wish to pursue their appeal and have filed a motion to dismiss their appeal. Appellee Phoenix Irrigation LP d/b/a Austin Plumbing does not oppose the motion. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________ Jan P. Patterson, Justice Before Justices B. A. Smith, Patterson and Puryear Dismissed on Appellants’ Motion Filed: October 4, 2005