IN THE

TENTH COURT OF APPEALS

No. 10-04-00362-CV

Gulamali Faizullah and

Habiebeh Faizullah,

                                                                      Appellants

 v.

Post Oak Mall by CBL

& Associates, et al.,

                                                                      Appellees

From the 361st District Court

Brazos County, Texas

Trial Court # 02-001385-CV-B-361

Appellants have filed a “Motion to Dismiss Appeal.”  See Tex. R. App. P. 42.1(a)(1).  Appellee has not filed a response, and dismissal of this cause would not prevent a party from seeking relief to which it would otherwise be entitled. 

Appellants’ motion to dismiss is granted.  The cause is dismissed. 

PER CURIAM

Before Chief Justice Gray,

          Justice Vance, and

          Justice Reyna

Appeal dismissed

Opinion delivered and filed April 27, 2005

[CV06]