Opinion issued November 12, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00750-CV

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ZACHRY INDUSTRIAL, INC., Appellant

V.

LAZARO PIMENTEL, Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2009-10666

MEMORANDUM OPINION

          Appellant, Zachry Industrial, Inc. (formerly known as Zachry Construction Co. and incorrectly sued as Zachry GP Holdings, LLC), has filed an unopposed motion to dismiss the appeal. No opinion has issued. Accordingly, We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

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

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.