John A. Darling, Appellee

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

Appellant Gavurnik Builders, L.P. and appellee John A. Darling have entered into a settlement agreement and have filed an agreed motion to stay this appeal. We grant the motion and abate this appeal until January 29, 2007.

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Bob Pemberton, Justice

Before Chief Justice Law, Justices Puryear and Pemberton

Filed: November 30, 2006