Opinion issued June 4, 2009

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-08-00595-CV

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MARK MCSHAFFRY, Appellant

V.

LBM-JONES ROAD, L.P., Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 887109

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, 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 Justices Jennings, Alcala, and Higley.