Appellants

Appellee

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

Winnie Pipeline Company, n/k/a Acacia Natural Gas Corporation, and Mitchell Gas Services, L.P., successor in interest to Mitchell Marketing Company, f/k/a Southeastern Marketing Company, n/k/a Devon Gas Services, L.P. (Winnie), by and through its attorney, has filed a motion to dismiss this appeal because it no longer desires to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Per Curiam

appellee has not been appointed counsel on appeal.

Consequently, we abate this appeal and remand the matter to the trial court for further proceedings. Upon remand, the trial court shall determine, if appellee is not represented by counsel, whether appellee is indigent and is entitled to appointed counsel. Should the trial court determine that appellee's circumstances warrant the appointment of counsel, the trial court is directed to provide this court the name, address, telephone number, and state bar number of said counsel. The trial court may hold hearings and enter orders as the court deems necessary regarding the aforementioned issues and shall cause its findings and conclusions and any orders entered to be included in a supplemental clerk's record. A supplemental reporter's record of any hearing held shall be transcribed.

Finally, the trial court shall ensure that the entire clerk's record and the supplemental reporter's record be filed with the Clerk of this Court by Monday, July 16, 2007.

Per Curiam

Do not publish.