NO. 07-07-0070-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A MAY 8, 2007 ______________________________

FERNANDO GONZALEZ, INDIVIDUALLY, AND D/B/A GONZALEZ CUSTOM CABINETS, APPELLANT V. ORIX FINANCIAL SERVICES, INC. F/K/A ORIX CREDIT ALLIANCE, INC., APPELLEE

_________________________________ FROM THE 207TH DISTRICT COURT OF COMAL COUNTY; NO. C-2005-0467-B; HONORABLE JACK ROBISON, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is an Amended Motion to Dismiss filed by Appellant, Fernando Gonzalez, individually, and d/b/a Gonzalez Custom Cabinets. He represents that he and Appellee, Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc., have settled all matters in controversy.

Without passing on the merits of the case, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at Appellant’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle Justice