NO. 07-04-0347-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 29, 2004 ______________________________

IN THE MATTER OF TONY GIBBS _________________________________ FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2003-760,757; HONORABLE MARK C. HALL, JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

MEMORANDUM OPINION

On November 22, 2004, appellant filed a Motion to Dismiss Appeal signed by both appellant, appellant’s mother and appellant’s attorney.

Accordingly, without passing on the merits of the case, appellant’s Motion to Dismiss Appeal is granted and the appeal is hereby dismissed. Rule 42.1(a).

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

Phil Johnson Chief Justice