NUMBER 13-03-00579-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ LENNAR CORPORATION, ET AL., APPELLANTS, v. MARK SCHLATTER, ET AL., APPELLEES. _____________________________________________________________ On Appeal from the 107th District Court of Cameron County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Vela Memorandum Opinion Per Curiam Appellants, Lennar Corporation, U.S. Home Corporation, David Garcia, Fabian Diaz, and Sheldon Moore, have filed an unopposed motion to dismiss this appeal as moot.

Appellants request that this Court dismiss the appeal.

The Court, having considered the documents on file and appellants’ unopposed motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX .

R. APP. P. 42.1(a). Appellants’ unopposed motion to dismiss is GRANTED, and the appeal is hereby DISMISSED. Costs will be taxed against appellants. See TEX . R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellants’ request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM Memorandum Opinion delivered and filed this the 10th day of April, 2008.