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

MEMORANDUM OPINION

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