NO. 12-04-00322-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARK DURNELL,                                            §     APPEAL FROM THE

APPELLANT

V.                                                                         §     JUDICIAL DISTRICT COURT OF

PHYLESA LASITER,

APPELLEE                                                        §     ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(2), the motion is granted, and the appeal is dismissed.

Opinion delivered November 3, 2004

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)