NUMBER 13-07-025-CV

OF THE ESTATE OF DUDLEY BENNET MCDOUGAL,

DECEASED,

FAIN MCDOUGAL, INDIVIDUALLY AND AS

EXECUTOR OF THE ESTATE OF BEULAH

MARGARET MCDOUGAL, DECEASED, Appellee.

Appellant, MARY BENNET MCDOUGAL, AS EXECUTOR OF THE ESTATE OF DUDLEY BENNET MCDOUGAL, DECEASED, perfected an appeal from a judgment entered by the County Court of De Witt County, in cause number 10,400. After the notice of appeal was filed, appellant filed a motion to dismiss the appeal. In her motion, appellant states that she no longer desires to appeal her suit against the appellee. Appellant further requests that all costs be taxed against the party incurring same.

The Court, having considered the documents on file and appellant's motion to dismiss, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted. The appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 19^th day of April, 2007.