TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00129-CV

Daniel I. DeSilva, Appellant

v.

Smith & Newman Enterprises, Ltd., Co., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. D-1-GN-05-003256, HONORABLE DARLENE BYRNE, JUDGE PRESIDING

The parties to this appeal have filed a Joint Motion to Dismiss Pursuant to Settlement. We grant their motion and dismiss this appeal.

G. Alan Waldrop, Justice

Before Justices Puryear, Pemberton and Waldrop

Dismissed on Joint Motion

Filed: April 25, 2007