NO. 07-02-0498-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JANUARY 27, 2004 ____________________________ IN THE MATTER OF THE MARRIAGE OF RICHARD BALLENGER AND REBECCA BALLENGER _________________________________ FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2001-515,864; HONORABLE MACKEY K. HANCOCK, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Richard Ballenger filed an Agreed Motion to Dismiss on January 21, 2004.

No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Tex. R. App. P. 42.1. All costs herein having been paid, no order pertaining to costs is made.

James T. Campbell Justice