IN THE TENTH COURT OF APPEALS No. 10-10-00031-CV BIRKEL INVESTMENT HOLDINGS, LTD., Appellant v. G-5 HOLDINGS, L.C., Appellee

From the 85th District Court Brazos County, Texas Trial Court No. 06-002109-CV-85

MEMORANDUM OPINION

Birkel Investment Holdings, Ltd. filed a notice of appeal on January 19, 2010 from an order of the trial court that granted a motion for judgment filed by G-5 Holdings, L.C.

Birkel Investment Holdings, Ltd. now seeks a dismissal of its appeal because the trial court granted a motion for new trial on February 17, 2010 and thus, the appeal is no longer necessary.

Accordingly, this appeal is dismissed. TEX. R. APP. P. 42.1(a)(1).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 3, 2010 [CV06]

Birkel Investment Holdings, Ltd. v. G-5 Holdings, L.C. Page 2