IN THE TENTH COURT OF APPEALS No. 10-08-00247-CV GUYTON AIR CONDITIONING, INC., Appellant v. WATERFURNACE INTERNATIONAL, INC., Appellee

From the 170th District Court McLennan County, Texas Trial Court No. 2004-4256-4

MEMORANDUM OPINION

Appellant has filed a “Notice of Non-Suit of Appeal” in which it states that the parties have settled their dispute and that it “hereby withdraws and non-suits” the appeal. Appellant requests that this Court “sign and file any appropriate orders.”

Appellee has not filed a response. Accordingly, the appeal is dismissed. See TEX. R. APP. P. 42.1(a)(1).

FELIPE REYNA Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed November 12, 2008 [CV06]

Guyton Air Conditioning, Inc. v. Waterfurnace Int’l, Inc. Page 2