JOSE VALLES, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF MARIA VALLES, AND ON BEHALF OF JOHNNY JOE VALLES, ELIGIO VALLES, CARMEN PEREZ, ROSA VALLES AND HECTOR VALLES,

Before BOYD, C.J., QUINN and REAVIS, J.J.

Pending is the motion of appellant, Jose Valles, Individually and as Administrator of the Estate of Maria Valles and Johnny Joe Valles, Eligio Valles, Carmen Perez, Rose Valles and Hector Valles, to dismiss the appeal. Appellants represent that they no longer desire to appeal given that "the Texas Supreme Court has issued an opinion which Appellants believe is dispositive of this appeal and which supports the trial court's action in granting a motion for summary judgment . . ." Notice of said motion was forwarded to appellee's counsel, Jim Hund, on March 4, 2002, and, to date, the Court has not heard any opposition of said motion by Mr. Hund. Accordingly, the motion is granted and the appeal is dismissed pursuant to Texas Rule of Appellate Procedure 42.1(a)(2).

Having dismissed the appeal at the personal request of the appellant, no motion for rehearing will be entertained, and the mandate will issue forthwith.

Per Curiam

Do not publish.

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