NUMBER 13-07-091-CV

U.S. MART #101, INC., D/B/A

TEXACO GAS AND BEAUTY SUPPLY, Appellee.

Memorandum Opinion Per Curiam

Appellant, OLLIE HORTON, perfected an appeal from a judgment entered by the 334^th District Court of Harris County, Texas, in cause number 2005-20211. After the notice of appeal was filed, appellant filed a motion to dismiss the appeal. In the motion, appellant states that he no longer desires to pursue the appeal. Appellant requests that this Court dismiss the appeal.

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

PER CURIAM

Memorandum Opinion delivered and

filed this the 5th day of April, 2007.