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HEARST NEWSPAPERS PARTNERSHIP L.P., D/B/A

SAN ANTONIO EXPRESS-NEWS AND MARIANO

CASTILLO, Appellants,

DAVID A. DIAZ, Appellee.

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Memorandum Opinion Per Curiam

Appellant, HEARST NEWSPAPERS PARTNERSHIP L.P., D/B/A SAN ANTONIO EXPRESS-NEWS AND MARIANO CASTILLO, perfected an interlocutory appeal from an order entered by the 332nd District Court of Hidalgo County, Texas, in cause number C-2217-05-F. After the record and appellant's brief were filed, appellee filed an unopposed motion to dismiss the appeal. In the motion, appellee/plaintiff states that he has non-suited his cause of action against the appellants/defendants and that all issues before this Court are now moot. Appellee requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellee's unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellee's unopposed motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 16^th day of November, 2006.