Opinion issued February 25, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-09-00362-CV

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BENCHMARK ENGINEERING CORPORATION, SAIB Y. SAOUR, AND MARK R. KOSMOSKI, Appellants

V.

INLAND GENERAL CONSTRUCTION COMPANY, Appellee

On Appeal from the 270th District Court

Harris County, Texas

Trial Court Cause No. 2008-72103

MEMORANDUM OPINION

          Appellant has filed an unopposed motion to dismiss the appeal. 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 Justices Keyes, Sharp, and Massengale.