NO. 07-04-0540-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MAY 24, 2005 ______________________________ EX PARTE JULIA ALAYNE BLACK _________________________________ FROM THE 46TH DISTRICT COURT OF HARDEMAN COUNTY; NO. 9872; HONORABLE TOM NEELY, JUDGE _______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

On May 9, 2005, the appellee filed a Motion to Dismiss Appeal and by its letter of May 20, 2005, appellant, the Texas Department of Public Safety, has joined the Motion.

No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Tex. R. App. P. 42.1. All costs incurred are adjudged against the party incurring the same.

James T. Campbell Justice