Opinion issued May 15, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-01097-CV

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PERFORMANCE FOOD GROUP OF TEXAS, L.P., Appellant

V.

NIEL MORGAN, ANTONE’S LP., LEGACY BRANDS GROUP, INC. F/K/A ANTONE’S MANAGEMENT, INC.; ANTONE’S FRANCHISE SYSTEMS, LTD; ANTONE’S SYSTEM, LLC F/K/A ANTONE’S FRANCHISE CORP.; NCM INVESTMENTS, INC., ANTONE’S 601, LLC F/K/A PO-BOY BEVERAGE CORP.; M&M HOLDINGS, L.P.; AND MORGAN MANAGEMENT CORPORATION, Appellees

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2007-01486

MEMORANDUM OPINION

          The parties have filed an agreed motion to dismiss the 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.