Opinion filed July 27, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-06-00053-CV

                                                    __________

              JAMES DON MITCHELL AND JERRY WAYNE MITCHELL,

         INDIVIDUALLY AND AS INDEPENDENT CO-EXECUTORS OF             THE ESTATE OF MYRLE MITCHELL, DECEASED, Appellants

                                                             V.

          CHARLIE HIGHTOWER AND RICKEY HIGHTOWER, Appellees

                                         On Appeal from the 106th District Court

                                                        Dawson County, Texas

                    Trial Court Cause Nos. 04-03-16971-CV-A & 04-03-16971-CV-B

                                             M E M O R A N D U M   O P I N I O N

James Don Mitchell and Jerry Wayne Mitchell, individually and as independent co-executors of the Estate of Myrle Mitchell, deceased, have filed in this court a motion to dismiss their appeal as to Rickey Hightower.  Appellants state that they no longer wish to pursue their appeal as to Rickey Hightower.  The motion is granted.

The appeal as to Rickey Hightower in Trial Court Cause No. 04-03-16971-CV-B is dismissed.  The remaining appeal is styled James Don Mitchell and Jerry Wayne Mitchell, individually and as independent co-executors of the Estate of Myrle Mitchell, deceased v. Charlie Hightower from Trial Court Cause No. 04-03-16971-CV-A.  We note that Charlie Hightower=s brief is now due to be filed in this court on or before August 17, 2006.

PER CURIAM

July 27, 2006

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.