NO. 07-07-0293-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A OCTOBER 23, 2007 ______________________________

JEFFREY DAVID BAXTER, APPELLANT V. SHANNON KATHLEEN BAXTER, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NUMBER ONE OF WILLIAMSON COUNTY; NO. 05-2558-FC1; HONORABLE SUZANNE BROOKS, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Jeffrey David Baxter’s Amended Motion to Dismiss this appeal. The certificate of conference reflects that Shannon Kathleen Baxter is not opposed to the motion being granted. Without passing on the merits of the appeal, Jeffrey David Baxter’s motion is granted and the appeal is hereby dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at Mr. Baxter’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Patrick A. Pirtle Justice