NO. 07-05-0453-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B FEBRUARY 28, 2006 ______________________________ SANGUINET BUILDING, L.P., APPELLANT V. SUNDOWN OPERATING, INC. AND DON H. WILSON, APPELLEES _________________________________ FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY; NO. 05-11-20215; HONORABLE HAROLD PHELAN, JUDGE _______________________________

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

MEMORANDUM OPINION

On February 23, 2006, the appellant filed an Unopposed Motion to Dismiss Appeal.

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