COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 2-09-114-CV

ANDREW MCDERMETT, APPELLANTS TY MCDERMETT, MCDERMETT OPERATING, INC., AND SUNDIAL RESOURCES, INC. V. NORTEX HOLDINGS, INC. APPELLEE ------------ FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 AND JUDGMENT ------------ The court has considered the parties’ “Joint Motion to Dismiss Appeal as Moot,” which indicates that the parties have entered into a settlement agreement, thereby mooting this interlocutory appeal from the temporary injunction entered in the underlying case. It is the court’s opinion that the

… See Tex. R. App. P. 47.4. motion should be granted; therefore, we dismiss the appeal as moot. See Tex. R. App. P. 43.2(f).

Costs of the appeal shall be paid by the party incurring same, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM PANEL: LIVINGSTON, J.; CAYCE, C.J.; and DAUPHINOT, J.

DELIVERED: November 19, 2009