IN THE TENTH COURT OF APPEALS No. 10-09-00342-CV LIONEL GINGRAS, Appellant v. BEN D. TERRALL AND PAUL T. EADS, Appellees

From the 278th District Court Walker County, Texas Trial Court No. 23,765

MEMORANDUM OPINION

Appellant has filed a motion to dismiss this interlocutory appeal because Appellees have filed a notice of non-suit in the trial court. Appellees have not filed a response. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed January 20, 2010 [CV06]