NO. 07-06-0268-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B OCTOBER 27, 2006 ______________________________ IN THE MATTER OF MACKENZIE AMELIA COOPER AND MICHAEL WAYNE BERRY _________________________________ FROM THE 320TH DISTRICT COURT OF POTTER COUNTY; NO. 72,590-D; HONORABLE DON EMERSON, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ON MOTION TO DISMISS

Michael Wayne Berry, appellant, has filed a motion to dismiss this appeal because he no longer wishes to pursue it. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. TEX . R. APP. P. 42.1(a)(1).

No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice