____________________________________________________________________

RAY PESEK

ANN PESEK

____________________________________________________________________

____________________________________________________________________

Opinion Per Curiam

Appellant, RAY PESEK, perfected an appeal from a judgment entered by the County Court at Law of Calhoun County, Texas, in cause number 94-CV-109. After the record and briefs were filed and after the cause was set for submission and oral argument, appellant filed a motion to dismiss the appeal. In the motion, appellant states that this case has been resolved and appellant no longer wishes to prosecute this appeal. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 3^rd day of May, 2001.