the May Department Stores Company D/B/A Lord & Taylor and J.C. Penney Properties, Inc. v. Metro National Corporation, MNC Mall, Ltd., and Memorial City Mall, Lp

Opinion issued December 15, 2005








In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00759-CV

____________


THE MAY DEPARTMENT STORES COMPANY D/B/A LORD & TAYLOR AND J.C. PENNEY PROPERTIES, INC., Appellants


V.


METRO NATIONAL CORPORATION, MNC MALL, LTD., AND MEMORIAL CITY MALL, L.P., Appellees





On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2005-37071





MEMORANDUM OPINION

          Appellants have filed an unopposed motion to dismiss their appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.