Opinion issued July 17, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-01073-CV

____________

JAMES BERRY, Appellant

V.

HUMPHREY COMPANY, LTD. AND HENSEL PHELPS CONSTRUCTION CO., Appellees

On Appeal from the 269th District Court

Harris County, Texas

Trial Court Cause No. 2004-31251

MEMORANDUM OPINION

          The parties have filed a joint motion to dismiss their appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(2).

          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 Jennings, Hanks, and Higley.