Opinion issued April 27, 2006

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-05-00690-CV

____________

IVO NABELEK, Appellant

V.

GERALD GARRETT, Appellee

On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2004-44589

MEMORANDUM OPINION

          Appellant has filed a motion to dismiss his appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          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 Nuchia, Hanks, and Bland.