TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00327-CV

The State of Texas, Appellant v. Ben White Land, L.P., Appellee

FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY NO. 2289, HONORABLE GUY HERMAN, JUDGE PRESIDING

Appellant filed an unopposed motion to dismiss its appeal requesting that this Court dismiss this appeal and assess costs against appellant.

Therefore, we dismiss this appeal on motion of appellant. Tex. R. App. P. 42.1(a)(2).

Marilyn Aboussie, Chief Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Dismissed on Appellant=s Motion Filed: July 26, 2002 Do Not Publish