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

MEMORANDUM OPINION

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