TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00737-CV

FPL Energy Upton Wind I, LP; FPL Energy Upton Wind II, LP; FPL Energy Upton Wind III, LP; FPL Energy Upton Wind IV, LP, Appellants v. Upton Wind, LP, and Cielo Land and Cattle, LP, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT NO. D-1-GN-04-001657, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

MEMORANDUM OPINION The parties have filed a joint motion asking this Court to vacate the trial court’s judgment, dismiss the underlying case, and release the supersedeas bond, explaining that they have settled their dispute. We grant the parties’ motion. Tex. R. App. P. 42.1(a)(2). We therefore vacate the judgment, dismiss the underlying case with prejudice, and order that the supersedeas bond is released.

___________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Puryear and Henson Vacated and Dismissed on Joint Motion Filed: April 19, 2007