NO. 12-05-00147-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TEXAS FARM BUREAU MUTUAL

INSURANCE COMPANY,                                §     APPEAL FROM THE

APPELLANT

V.                                                                         §     COUNTY COURT AT LAW NO. 3 OF

PREFERRED TRANSPORT

& DISTRIBUTION, INC.,                                 §     SMITH COUNTY, TEXAS

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            Appellee has filed a motion to dismiss this appeal for want of jurisdiction, and all other parties to the appeal have been given notice of the filing of this motion. In its motion, Appellee contends that the order Appellant seeks to appeal is interlocutory. Appellant has responded that Appellee’s motion is meritorious and therefore does not oppose the motion. Accordingly, the motion to dismiss is granted, and the appeal is dismissed for want of jurisdiction. See Tex. R. App. P. 42.3.

Opinion delivered June 15, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)