Opinion issued September 30, 2010                  

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00441-CV

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STEVE STEPHENS D/B/A AND A/K/A TERRA-TEXAS COMPANY, Appellant

V.

RIG FABRICATORS & REPAIR, INC., Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2009-30296

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 Chief Justice Radack, and Justices Higley and Massengale.