TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00149-CV

Jack in the Box Eastern Division, L.P., Appellant

v.

SPC Jack, Ltd. and SPC Jack GP, LLC, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT

NO. GN303932, HONORABLE PETER M. LOWRY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

                        This cause was abated at the parties’ request to enable them to finalize a settlement. Appellant has filed an unopposed motion to dismiss this appeal, advising the Court that the parties have concluded a settlement. More than ten days have passed without any opposition being filed. See Tex. R. App P. 10.3(a). We reinstate this appeal and dismiss it pursuant to appellant’s motion.

                                                                        Bob Pemberton, Justice

Before Justices B. A. Smith, Puryear and Pemberton

Dismissed on Appellant’s Motion

Filed: August 1, 2005