Motion Granted; Appeal Dismissed and Memorandum Opinion filed November 3, 2011.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00390-CV ____________ DUNHAM ENGINEERING, INC., Appellant V. THE SHERWIN-WILLIAMS COMPANY, Appellee

On Appeal from the 23rd District Court Brazoria County, Texas Trial Court Cause No. 56164

MEMORANDUM OPINION This appeal arises from an order signed April 18, 2011, denying Dunham Engineering’s motion to dismiss for failure to file a certificate of merit. See Tex. Civ. Prac. & Rem. Code § 152.002. On October 26, 2011, appellee filed an unopposed motion to dismiss the appeal as moot on the grounds a notice of non-suit has been filed.

Attached to appellee’s motion are the notice of non-suit and an order of non-suit signed October 24, 2011, by the trial court dismissing the underlying cause.

Accordingly, appellee’s motion is granted and the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.