TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00588-CV

Gavurnik Builders, L.P., Appellant v. John A. Darling, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. D-1-GN-06-002574, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Gavurnik Builders, L.P. and appellee John A. Darling no longer wish to pursue this appeal and have filed an agreed motion to dismiss pursuant to their settlement agreement.

We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

__________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices Puryear and Pemberton Dismissed on Agreed Motion Filed: March 8, 2007