Opinion issued July 9, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-09-00518-CV

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GERALD D. MURPHY, Appellant

V.

KINGWOOD LAKES SOUTH, L.P.; TENZER COMPANY, INC. AND/OR ANTHONY M. FRANK, Appellees

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 9516749

MEMORANDUM OPINION

Appellant Gerald D. Murphy has filed an unopposed motion to dismiss the appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Sharp and Alcala.