NUMBERS

13-05-578-CV

LOS CUCOS MEXICAN CAFÉ, INC.

SEFERINO PEREZ, Appellees.

Appellant, Los Cucos Mexican Café, Inc., perfected an appeal from a judgment entered by the 24th District Court of Calhoun County, Texas, in cause number 2004-3-14551. Appellant filed a motion requesting that this Court sever and dismiss appellee, Seferino Perez, from this appeal. Appellant states that appellant and appellee have reached an agreement to settle and compromise their differences in this suit. Appellant's appeal against appellee, Seferino Perez, is severed from the original appeal and is docketed under cause number 13-07-227-CV.

Having considered appellee's motion to dismiss the appeal and the documents on file, this Court is of the opinion that the motion should be granted. The motion to dismiss appellant's appeal against appellee, Seferino Perez, is hereby granted. The appeal against appellee, Seferino Perez, in cause number 13-07-227-CV is ordered DISMISSED. The remaining issues in the appeal will remain docketed under cause number 13-05-578-CV.

PER CURIAM

Memorandum Opinion delivered and filed

this the 19th day of April, 2007.