NO. 12-07-00073-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SIMMONS THEODORE YLIYAH NABI,  §          APPEAL FROM THE THIRD

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

LYNWOOD COOK, SUZZAN FLEMING,

KEN KUYKENDALL AND §          ANDERSON COUNTY, TEXAS

CHARLOTTE WEST,

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            Appellant Simmons Theodore Yliyah Nabi has filed a motion to dismiss this appeal.  A copy of the motion has been sent to all counsel of record.  Because Nabi has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered June 13, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)