NO. 12-06-00265-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SUSAN JOAN VON HOHN,           §          APPEAL FROM THE 307TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

EDWARD LEWIS VON HOHN, II,

APPELLEE   §          GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Susan Joan Von Hohn has filed a motion to dismiss her appeal.  In her motion, she states that Appellee Edward Louis Von Hohn, II also filed a notice of appeal and will not be prejudiced by the dismissal of her appeal.  A copy of Appellant’s motion has been served on all opposing counsel.  Appellee filed a response stating that he has no objection to the dismissal of Appellant’s appeal, but wishes to preserve his appeal, which he filed as cross appellant.

            Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted and Appellant’s appeal is dismissed.  This dismissal does not affect Appellee’s pending cross appeal.

Opinion delivered April 11, 2007.

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

                                                                                                (PUBLISH)