11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

377 Broadcasting, Inc-KYOX

Appellant

Vs.                   No. 11-03-00169-CV B Appeal from Comanche County

Cleve Simpson d/b/a Cool Time and Get-A-Way Inn

Appellee

377 Broadcasting, Inc-KYOX has filed in this court a motion to dismiss its appeal.  In its motion, appellant states that it no longer desires to prosecute this appeal and requests that the costs be taxed against the party incurring the same.  The motion is granted.  TEX.R.APP.P. 42.1.

The appeal is dismissed.

PER CURIAM

September 25, 2003

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.