NO. 07-04-0314-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 2, 2004 ______________________________

SCHOENBORN & DOLL ENTERPRISES, INC., INTERVENER INTO JUDY NOLAN, APPELLANT V. AMERICAN CLUB SYSTEMS, INC., APPELLEE

_________________________________ FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2002-517,144; HONORABLE SAM MEDINA, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Schoenborn & Doll Enterprises, Inc., Intervener into Judy Nolan, perfected this appeal challenging the trial court’s summary judgment in favor of appellee American Club Systems, Inc. Pending before this Court is Schoenborn’s motion by which it represents it desires to have this appeal dismissed without prejudice. Without passing on the merits of the case, the motion is granted and the appeal is hereby dismissed. See Tex. R. App. P. 42.1(a)(1).

Don H. Reavis Justice