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DE'ETTE NESBITT, INDEPENDENT

EXECUTRIX OF THE ESTATE OF

ERNEST V. NESBITT, Appellant,

DONALD F. KEENEY, MARY A. KEENEY, AND

MICHAEL D. KEENEY, Appellees.

Appellant, De'Ette Nesbitt, Independent Executrix of the Estate of Ernest V. Nesbitt, perfected an appeal from a judgment entered by the 377^th District Court of Victoria County, Texas, in cause number 02-11-58,874-D. After the record and briefs were filed, the parties filed a joint motion to dismiss with prejudice. In the motion, the parties state that appellant no longer desires to prosecute its claims against appellees. The parties request that the appeal be dismissed with prejudice and that all costs be taxed against the party incurring same.

The Court, having considered the documents on file and the joint motion to dismiss the appeal with prejudice, is of the opinion that the motion should be granted. The joint motion to dismiss with prejudice is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and filed this

the 25th day of January, 2007.