Dismissed and Memorandum Opinion filed February 25, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00859-CV

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SERVICE STEEL WAREHOUSE CO., L.P., Appellant

V.

SAMUEL F. EAKIN, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2007-65337

M E M O R A N D U M   O P I N I O N

This is an appeal from an order sustaining appellee’s special appearance signed September 23, 2009. On February 10, 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 Anderson and Christopher.