NO. 07-06-0251-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 21, 2006 ______________________________ THE CITY OF LEVELLAND, Appellant V. BILL AND NANCY CARR, Appellees _________________________________ FROM THE 286th DISTRICT COURT OF HOCKLEY COUNTY; NO. 05-09-20167; HON. HAROLD PHELAN, PRESIDING _______________________________ ORDER DISMISSING APPEAL _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

The City of Levelland moves to dismiss its interlocutory appeal. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) 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.

Per Curiam