COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JOHN A. SEALE, RACHEL ANN SEALE § NOON AND LINDA IGO, No. 08-09-00311-CV § Appellants, Appeal from the § v. Probate Court No. 2 § of El Paso County, Texas WILLIE V. OLMSTEAD, A/K/A WILLIE § V. JOHNSON AND NORMAN L. (TC# 2003-P00562-A) FRISTOE, § Appellees.

MEMORANDUM OPINION Pending before the Court is Appellants’ motion to dismiss this appeal pursuant to TEX .R.APP .P. 42.1(a)(1). Appellants represent that they no longer wish to pursue the appeal and request this Court enter an order dismissing the appeal. Appellees have not objected to the motion, and there is no indication that dismissal would prevent Appellees from seeking the relief to which it would otherwise be entitled. See TEX .R.APP .P. 42.1(a)(1). We therefore grant Appellants’ motion and dismiss the appeal. As the motion does not indicate the parties have agreed otherwise, costs will be taxed against Appellants. See TEX .R.APP .P. 42.1(d).

March 17, 2010 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.

Rivera, J. (Not Participating)