Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 8, 2011.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00487-CV ____________ DAWN JOHNSON WHATLEY, Individually and as the Executrix of the Estate of Perry Lee Whatley, and MICHAEL EASTON, Appellants V. MYLUS JAMES WALKER, JR., Appellee

On Appeal from the Probate Court No. 2 Harris County, Texas Trial Court Cause No. 355,095

MEMORANDUM OPINION This is an appeal from an order signed May 11, 2011, sustaining the contests to appellant Dawn Johnson Whatley’s affidavit of indigency. See Tex. R. App. P. 20.1. On October 27, 2011, appellants filed an unopposed motion to dismiss the appeal because the case has been settled. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and McCally.