NO. 12-06-00382-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DR. CHARLES DIETZ, D.D.S.,      §          APPEAL FROM THE 369TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

CODY WORTHAM,

APPELLEE   §          ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Charles Dietz, D.D.S. has filed a motion to dismiss this appeal.  In his motion, Dietz states that all claims asserted by Appellee Cody Wortham against Appellant have been resolved and the appeal is now moot.  A copy of the motion has been sent to all counsel of record.  Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(1), the motion is granted, and the appeal is dismissed.

Opinion delivered January 3, 2007.

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

(PUBLISH)