Opinion issued December 22, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00911-CV

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BRIAN PENNY AND CYNTHIA PENNY, Appellants

V.

SHELL OIL PRODUCTS COMPANY, L.L.C.; SHELL OIL COMPANY; SHELL CHEMICAL COMPANY; AND EQUILON ENTERPRISES, L.L.C., Appellees

On Appeal from the 113th District Court

Harris County, Texas

Trial Court Cause No. 2006-80282

MEMORANDUM OPINION

          Appellant has filed a motion to dismiss the appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, we grant the motion and we dismiss the appeal. Tex. R. App. P. 42.1(a)(1).

          We overrule all other pending motions in this appeal as moot. We direct the Clerk to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.