TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00337-CV

Malcolm J. Massington, Appellant v. Michael D. Goains and Dwight Goains, Appellees

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. 29,239, HONORABLE EDWARD P. MAGRE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Malcolm J. Massington has filed a motion to dismiss this appeal, stating that he no longer intends to pursue this matter. Accordingly, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a).

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Pemberton and Waldrop Dismissed on Appellant’s Motion Filed: October 14, 2005