Dismissed and Memorandum Opinion filed August 20, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00216-CV

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JEFFREY J. ROURKE, Appellant

V.

JEROME BENJAMIN ROURKE, Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 04CV1117

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed January 29, 2009.  On August 10, 2009, appellant filed a motion to dismiss the appeal because the parties have reached a settlement agreement.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Frost and Brown.