NO. 07-08-0141-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JULY 9, 2008 ______________________________

ASBESTOS MAINTENANCE SERVICES, INC., APPELLANT V. HUTCHINSON COUNTY, APPELLEE

_________________________________ FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY; NO. 35,525; HONORABLE DAVID GLEASON, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Asbestos Maintenance Services, Inc.’s Motion to Dismiss Appeal. We grant the motion. See Tex. R. App. P. 42.3(a)(1). Also pending is the District Clerk’s request for an extension of time in which to file the clerk’s record by which she indicates the record has not been paid for and also notes that she was notified that the case had been settled. The request for an extension of time is rendered moot by our disposition of the motion to dismiss. Having dismissed the appeal at Appellant’s request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Accordingly, the appeal is dismissed.

Patrick A. Pirtle Justice