In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-12-00124-CV _________________ MORRELL MASONRY SUPPLY, INC., Appellant V. EUGENIO HERRERA, Appellee

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-185,488

MEMORANDUM OPINION On September 20, 12012, the appellee, Eugenio Herrera, filed a motion to dismiss the appeal on the ground that the appeal has become moot due to settlement. A copy of the parties’ settlement agreement is attached to the motion. The appellant, Morrell Masonry Supply, Inc., has not objected to granting the motion or otherwise responded to the motion to dismiss. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Opinion Delivered October 25, 2012 Before Gaultney, Kreger, and Horton, JJ.