Before QUINN and REAVIS and JOHNSON, JJ.

On August 12 and August 27, 2002, appellant Robert Britton corresponded with the Court indicating that he no longer wishes to prosecute his appeal. In a letter dated September 5, 2002, appellant's attorney concurred with appellant's notice to dismiss the appeal.

Without passing on the merits of the case, appellant's motion for voluntary dismissal is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.2. Having dismissed

the appeal at appellant's personal request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Phil Johnson

Justice

Do not publish.

1. Former Chief Justice Phil Johnson was on the panel that heard oral argument. He did not participate in the decision. Tex. R. App. P. 41.1(b).