NO. 07-07-0272-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JULY 19, 2007 ______________________________

D’AMBRA STEEL SERVICES, INC., D’AMBRA CONSTRUCTION CORPORATION, MICHELLE D’AMBRA, INDIVIDUALLY, AND ANTHONY D’AMBRA, JR., INDIVIDUALLY, APPELLANTS V. ALAMO IRON WORKS, INC., APPELLEE

_________________________________ FROM THE 224TH DISTRICT COURT OF BEXAR COUNTY; NO. 2004-CI-03909; HONORABLE KAREN H. POZZA, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is the parties’ Agreed Motion to Dismiss Appeal by which they represent they have reached an agreement to settle and compromise their differences in the referenced appeal.

Without passing on the merits of the case, pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure, we grant the motion. As requested by all parties, the appeal is dismissed with prejudice and costs on appeal are taxed against Appellants, D’Ambra Steel Services, Inc., D’Ambra Construction Corporation, Michelle D’Ambra, Individually, and Anthony D’Ambra, Jr., Individually. Having dismissed the appeal at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle Justice