NO. 07-08-0086-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 24, 2008 ______________________________ KENCO BANCSHARES, INC., APPELLANT V. E.O.WINKLES, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR AND TRUSTEE UNDER THE WILL OF ALICE E. WINKLES, DECEASED, APPELLEE _________________________________ FROM THE 39TH DISTRICT COURT OF KENT COUNTY; NO. 1639; HONORABLE CHARLES LEWIS CHAPMAN, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ON MOTION TO DISMISS

On April 17, 2008, appellant Kenco Bancshares, Inc., filed an unopposed motion to dismiss this appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). As no agreement regarding appellate costs has been filed, all costs incurred by this appeal are adjudged against appellant. Tex. R. App. P. 42.1(d). No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell Justice