Opinion issued November 12, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00550-CV

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RICHARD E. O’DER III AND RANDY E. O’DER, Appellants

V.

CITY OF STAFFORD, Appellee

On Appeal from the County Court at Law No. 4

Fort Bend County, Texas

Trial Court Cause No. 05CV26748

MEMORANDUM OPINION

          Appellants, Richard E. O’Der III AND Randy E. O’Der have 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 in this appeal 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.