TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00180-CV

Patrick McMorrow and Gail McMorrow, Appellants v. Branch Banking and Trust Company, et. al., Appellees

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT NO. 10-1301-C26, HONORABLE JAMES E. MORGAN, JUDGE PRESIDING

MEMORANDUM OPINION

After appellee Branch Banking & Trust Company filed a motion to dismiss their appeal for want of subject-matter jurisdiction and for sanctions, Patrick and Gail McMorrow filed what is in substance a motion to voluntarily dismiss their appeal, advising that they “have reached an agreement outside this court.” Branch Banking & Trust has not opposed the McMorrows’ motion. We grant the McMorrows’ motion and dismiss the appeal, see Tex. R. App. P. 42.1(a)(1), dismiss Branch Banking & Trust’s dismissal motion as moot,1 and deny its motion for sanctions.

__________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton and Rose Dismissed Filed: May 26, 2011

We likewise dismiss as moot Branch Banking & Trust’s request to accelerate this appeal.