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PATRICIA NOLAND, Appellant,

DEBORAH LYNN NOLAND, Appellee.

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Memorandum Opinion Per Curiam

Appellant, PATRICIA NOLAND, perfected an appeal from a judgment entered by the 214th District Court of Nueces County, Texas, in cause number 02-3685-F. After the record and briefs were filed and after the case was referred to mediation, appellee filed a motion to dismiss the appeal. In the motion, appellee states that the settlement of a federal lawsuit between the parties has the effect of rendering this appeal moot. Alternatively, appellee states that the parties have not agreed on a mediator, and the appeal should be dismissed for want of prosecution. On February 15, 2007, this Court requested that appellant file a response to appellee's motion to dismiss. To date, appellant has failed to file such response.

The Court, having considered the documents on file, appellee's motion to dismiss the appeal, and appellant's failure to respond, is of the opinion that the motion should be granted. Appellee's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 22nd day of March, 2007.