Opinion issued May 1, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-04-00811-CV

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STAPP TOWING COMPANY, INC. AND BRUCE BARR STAPP, Appellants

V.

JOHN O’KEEFFE AND PHYLLIS O’KEEFFE, Appellees

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 01CV0884

MEMORANDUM OPINION

          On September 28, 2006, we granted appellant Bruce Barr Stapp’s motion to dismiss his part of the appeal against appellees. Robby R. Waldron, bankruptcy trustee for the estate of appellant Stapp Towing Co., Inc., has filed an unopposed motion to dismiss Stapp Towing, Co., Inc.’s portion of the appeal. No opinion has issued. We lift our abatement of the appeal. We grant the unopposed motion to dismiss appellant Stapp Towing Co., Inc.’s appeal against appellees. Tex. R. App. P. 42.1(a)(1). Having granted the motions to dismiss appeal of both appellant, Bruce Barr Stapp, and appellant, Stapp Towing Company, Inc., Robby R. Waldron, bankruptcy trustee of the estate, the entire appeal is dismissed.

          Any other pending motions are dismissed as moot. In accordance with the motion to dismiss, we order the Clerk of the Court to issue the mandate immediately.

PER CURIAM

Panel consists of Justices Keyes, Alcala, and Bland.