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

M E M O R A N D U M O P I N I O N

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