TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00085-CV

James Arthur McCleery, Appellant v. Great American Insurance Company, Appellee

FROM COUNTY COURT AT LAW NO. 2 OF TOM GREEN COUNTY NO. 07-C395-L2, HONORABLE PENNY ANNE ROBERTS, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant, James Arthur McCleery, has filed an unopposed motion to dismiss this appeal, stating that the default judgment from which he appealed has been set aside. We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1).

__________________________________________ Bob Pemberton, Justice Before Chief Justice Law, Justices Pemberton and Waldrop Dismissed on Appellant’s Motion Filed: June 5, 2008