NO. 07-06-0312-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 8, 2006 ______________________________

AIR AMERICA, APPELLANT V. JERRY KEENE, APPELLEE

_________________________________ FROM COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY; NO. 2005-597,349; HONORABLE PAULA LANEHART, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant Air America’s unopposed motion to dismiss this appeal. Pursuant to Rule 42.1(a)(1) of the Texas Rules of Appellate Procedure, we grant the motion and dismiss the appeal. As requested in the motion, costs are assessed against Air America. Having dismissed the appeal at Air America’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice