                             NUMBER 13-03-00579-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

LENNAR CORPORATION, ET AL.,                                              APPELLANTS,

                                            v.

MARK SCHLATTER, ET AL.,                          APPELLEES.
_____________________________________________________________

              On Appeal from the 107th District Court
                    of Cameron County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

                   Before Justices Yañez, Rodriguez, and Vela
                       Memorandum Opinion Per Curiam

       Appellants, Lennar Corporation, U.S. Home Corporation, David Garcia, Fabian Diaz,

and Sheldon Moore, have filed an unopposed motion to dismiss this appeal as moot.

Appellants request that this Court dismiss the appeal.

       The Court, having considered the documents on file and appellants’ unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX .
R. APP. P. 42.1(a). Appellants’ unopposed motion to dismiss is GRANTED, and the appeal

is hereby DISMISSED. Costs will be taxed against appellants. See TEX . R. APP. P. 42.1(d)

("Absent agreement of the parties, the court will tax costs against the appellant."). Having

dismissed the appeal at appellants’ request, no motion for rehearing will be entertained,

and our mandate will issue forthwith.



                                                 PER CURIAM

Memorandum Opinion delivered and
filed this the 10th day of April, 2008.




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