COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § LEE HOTCHKISS, RANDY BOESELT, CARL MESSER, KEVIN McCAFFREY, § FRED CREIGHTON, RAY CALDWELL, No. 08-10-00314-CV ROBERT ROOYAKKER, TERRY § HENERSON, AND THAT CLASS OF Appeal from the PERSONS WHO HAVE BEEN LITTLE § CAESARS FRANCHISEES ANY TIME 166th District Court FROM DECEMBER 1, 1995 THROUGH § NOVEMBER 9, 1999, of Bexar County, Texas § Appellants, (TC# 99-CI-16042) § v. § LITTLE CAESAR ENTERPRISES, INC., § Appellee.

§ MEMORANDUM OPINION Pending before the Court is Appellants’ unopposed motion for voluntary dismissal of this appeal. See TEX . R. APP . P. 42.1(a)(1). The motion is granted, and this appeal is dismissed. Costs are assessed against Appellants. See TEX . R. APP . P. 42.1(d).

GUADALUPE RIVERA, Justice November 17, 2010 Before Chew, C.J., McClure, and Rivera, JJ.