NO. 07-05-0326-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D NOVEMBER 8, 2005 ______________________________ ERNIE A. TUCKER d/b/a AGRI-BUSINESS INSURANCE AGENCY, Appellant v. ANCO U.S. PRODUCERS GROUP OF LUBBOCK, INC., Appellee _________________________________ FROM THE 99TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2004-527,799; HON. MACKEY K. HANCOCK, PRESIDING _______________________________ ON MOTION TO DISMISS ________________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

Ernie A. Tucker, d/b/a Agri-Business Insurance Agency, appellant, has filed a motion to dismiss this appeal because he no longer wishes to pursue it. Counsel for Anco U.S. Producers Group of Lubbock, Inc., appellee, agreed to the motion. Without passing on the merits of the case, we grant the motion per Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice