TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00534-CV

David Johnson and Barbara Johnson, Appellants v. Industrial Asphalt, Inc., Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. D-1-GN-06-000809, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants David Johnson and Barbara Johnson have filed a motion requesting that this appeal be dismissed. See Tex. R. App. P. 42.1(a)(1). We grant the motion and dismiss the appeal.

___________________________________________ Diane M. Henson, Justice Before Chief Justice Jones, Justices Puryear and Henson Dismissed on Appellants’ Motion Filed: March 24, 2009