IN THE TENTH COURT OF APPEALS No. 10-09-00388-CV C.D.S. ENTERPRISES, INC. D/B/A TEXCON GENERAL CONTRACTORS, JOE SCHULTZ AND CIVIL DEVELOPMENT, LTD., Appellants v. MAIN STREET HOMES-CS, LTD., Appellee/Cross-Appellant v. RICK AND MARIA YOUNG, LARRY AND JONNE YOUNG, JACK AND DONNA WINSLOW, RICHARD AND KAREN MILLER, LEE AND JOANIE MCCLESKEY, GREG AND CATHY TAYLOR, Appellees From the 85th District Court Brazos County, Texas Trial Court No. 07-000019-CV-85 MEMORANDUM OPINION Appellants have filed “Appellants’ Agreed Voluntary Dismissal Motion” in this appeal. See TEX. R. APP. P. 42.1(a)(1). It states that Appellants voluntarily seek dismissal and that Cross-Appellant’s counsel has advised that Cross-Appellant does not seek affirmative relief. The certificate of conference also states that counsel for all parties agree to the relief sought in the motion. Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed. REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Motion granted; appeal dismissed Opinion delivered and filed May 19, 2010 [CV06] C.D.S. Enterprises, Inc. v. Main Street Homes-CS, LTD. Page 2