Dismissed and Memorandum Opinion filed May 27, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00964-CV

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DIAMOND BEACH VP, LP, Appellant

V.

JOE ROTHCHILD, Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2009-10620

M E M O R A N D U M   O P I N I O N

This is an appeal from a final summary judgment signed October 15, 2009.  On May 19, 2010, appellant filed a motion to dismiss the appeal.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.