Opinion issued December 10, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-13-00709-CV ——————————— MARTIN'S HOME ROOFING COMPANY, LLC, Appellant V. SCHULTE BUILDING SYSTEMS, INC., Appellee

On Appeal from the 125th District Court Harris County, Texas Trial Court Case No. 2012-72375

MEMORANDUM OPINION Appellant, Martin’s Home Roofing Company, LLC, has filed a “Notice of Withdrawal of Appeal” stating that appellant withdraws its appeal, and the parties have resolved the dispute between them and will pay their own costs. Appellee, Schulte Building Systems, Inc., has approved the notice. We construe the notice as a motion to dismiss the appeal. See TEX. R. APP. P. 42.1(a). No opinion has issued.

See TEX. R. APP. P. 42.1(c).

Accordingly, we grant the motion and dismiss the appeal, with costs taxed against the party incurring same. All other pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.