NO. 12-05-00039-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SUNRISE CONSTRUCTION, INC. AND

ITS SUCCESSOR IN INTEREST                    §     APPEAL FROM THE 173^RD

LAKESIDE REALTY, INC.

APPELLANTS

V.                                                                         §     JUDICIAL DISTRICT COURT OF

LIFE SCAPE

HOMEOWNERS ASSOCIATION,                   §     HENDERSON COUNTY, TEXAS

APPELLEE

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. Appellant represents that the motion is unopposed. Because Appellant met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, the appeal is dismissed, and the costs of this appeal are taxed against the party incurring same. 

Opinion delivered June 15, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)