Dismissed and Memorandum Opinion filed June 10, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00365-CV

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KENT HYTKEN AND HPGP L.L.C., Appellants

V.

SPARKLEBERRY EB, L.L.C., EAST BEACH PROJECT PHASE I, LTD. SOURCEONE CAPITAL GROUP, L.P., GALVESTON 35, L.L.C., FRANK SCHAEFER CONSTRUCTION, INC., FRANK G. SCHAEFER AND NOLEEN SCHAEFER, INDIVIDUALLY AND TRUSTEES OF THE SCHAEFER FAMILY TRUST AND GALVESTON SHORES, L.P. Appellees

On Appeal from the 212th District Court

Galveston County, Texas

Trial Court Cause No. 2009CV1723

MEMORANDUM OPINION

This is an appeal from a judgment signed March 25, 2010.  On May 27, 2010, appellant filed a motion to dismiss the appeal because the case has settled.   See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Anderson, Frost, and Seymore.