IN THE COURT OF APPEALS

GERALD MEYERDIRK

Appellant

v.

J&L CATTLE ASSOCIATES, LTD d/b/a J. K. CATTLE COMPANY

Appellee

FROM THE 47^TH DISTRICT COURT OF RANDALL COUNTY;

NO. 46,941-A; HON. DAVID L. GLEASON, PRESIDING

______________________________

ORDER ON APPELLANT'S MOTION TO WITHDRAW NOTICE OF APPEAL

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

Gerald Meyerdirk appellant, has moved to withdraw his notice of appeal contending that he "no longer wishes to pursue this Appeal." Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's personal request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn

Justice

Do not publish.

1 Lexis 6882 (Tex. App.-Amarillo October 11, 2001, no pet.) (not designated for publication); accord, Davis v. State, 141 S.W.3d 694, 697 (Tex. App.-Texarkana 2004, no pet. h.) (holding the same); Nava v. State, 110 S.W.3d 491, 493 (Tex. App.-Eastland 2003, no pet.) (holding the same). Thus, we have no choice but to dismiss this appeal. Phynes v. State, 828 S.W.2d 1, 2 (Tex. Crim. App. 1992).

Accordingly, the appeal is dismissed for want of jurisdiction.

Brian Quinn

Justice

Publish.