Appellants, Michael A. Zanchi, 341 Bennett, LP, and Sabazia Property Management, LLC, and appellee, Bank of the West, have filed a joint motion seeking voluntary dismissal of the appeal. The Court finds the motion complies with the

requirements of Texas Rule of Appellate Procedure 42.1(a)(1) and that granting the motion will not prevent any party from seeking relief to which it would otherwise be entitled.

As no decision of the Court has been delivered to date, we grant the parties’ motion. The appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. In accordance with the motion, costs are assessed against the party incurring them. T EX . R. A PP . P. 42.1(d).

James T. Campbell Justice Quinn, C.J., not participating.

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