Opinion issued October 2, 2014

In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00075-CV ——————————— STEWART & STEVENSON, L.L.C. AND MTU DETROIT DIESEL, INC., Appellants V. GALVESTON PARTY BOATS, INC. AND BOAT SERVICE OF GALVESTON, Appellees

On Appeal from the 405th Judicial District Court Galveston County, Texas Trial Court Cause No. 08-CV-0011

MEMORANDUM OPINION Appellants, Stewart & Stevenson, L.L.C. and MTU Detroit Diesel, Inc., have filed an unopposed motion to dismiss the appeal with prejudice after settling the case during mediation, and request that all costs and fees be assessed against the party incurring the same. 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 who incurred the same. See TEX. R. APP. P. 42.1(a)(1), (d), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Chief Justice Radack and Justices Jennings and Keyes.