IN THE TENTH COURT OF APPEALS No. 10-08-00129-CV NORMAN R. POTTER, Appellant v. DANNY C. WASH, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2004-1574-1

MEMORANDUM OPINION

This appeal was abated for mediation.

Appellant has now filed a motion to dismiss the appeal stating that all matters in controversy between the parties have been mediated and settled and that Appellant no longer wishes to prosecute the appeal. Appellee does not oppose the motion.

Accordingly, this appeal is reinstated and dismissed. TEX. R. APP. P. 42.1(a)(1).

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Appeal dismissed Opinion delivered and filed October 8, 2008 [CV06]

Potter v. Wash Page 2