Dismissed and Memorandum Opinion filed November 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00705-CV

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WALTER K. BERRY, SR, Appellant

V.

SOUTHWESTERN BELL YELLOW PAGES, Appellee

On Appeal from County Civil Court at Law. No. 3

 Harris County, Texas

Trial Court Cause No. 798,958

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed February 5, 2004.

On November 1, 2004, appellant filed a motion to dismiss the appeal.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 12, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.