In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00050-CV __________________ WISCH LEASING GROUP LP, Appellant V. THE WOODLANDS LAND DEVELOPMENT COMPANY LP, DREAM MOTORS LLC, AND MERCEDES-BENZ FINANCIAL SERVICES USA LLC, Appellees __________________________________________________________________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 17-09-10958-CV __________________________________________________________________ MEMORANDUM OPINION Appellant Wisch Leasing Group LP filed a motion to dismiss its appeal, which asserts the parties have settled their claims. The motion is voluntarily made by Wisch

Leasing Group LP before the Court decided the appeal. See Tex. R. App. P. 42.1.

No other party filed a notice of appeal. 1 We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

_________________________ HOLLIS HORTON Justice Submitted on April 17, 2019 Opinion Delivered April 18, 2019 Before Kreger, Horton and Johnson, JJ.

Appellees filed a motion to dismiss the appeal as frivolous, in which they sought damages pursuant to Rule 45. See Tex. R. Civ. P. 45. In light of appellant’s motion to dismiss based upon settlement, we need not rule on appellees’ motion, and we decline to assess damages under Rule 45. See id.