Opinion issued June 26, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00232-CV

____________

ELBAR INVESTMENTS, INC., Appellant

V.

TIMOTHY O’BIER, EILEEN O’BIER, CHERYLE JOHNSTON, AND PROSPERITY BANK, Appellees

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2005-63163

MEMORANDUM OPINION

          Appellant has filed an unopposed motion to dismiss its appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Taft, Jennings, and Bland.