TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00404-CV

John Kerr, Appellant

v.

Foster Communications Company, Inc., Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT

NO. C-04-0311-C, HONORABLE TOM GOSSETT, JUDGE PRESIDING

Appellant John Kerr has filed a motion to dismiss his appeal. Appellant's motion is granted and the appeal is dismissed.

Bea Ann Smith, Justice

Before Chief Justice Law, Justices B. A. Smith and Pemberton

Dismissed on Appellant's Motion

Filed: August 19, 2005