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RUDYARD MERRIAM, APPELLANT,

JANICE MARIAN CHRIST, APPELLEE.

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Memorandum Opinion Per Curiam

Appellant, Rudyard Merriam, perfected an appeal from a judgment entered by the 284th District Court of Montgomery County, Texas, in cause number 05-06-05163 CV. Appellant has filed a motion to dismiss his appeal on grounds that he no longer desires to appeal the final ruling on the merits of the case. Appellant requests that this Court dismiss the appeal.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. See Tex. R. App. P. 42.1(a). Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED. The costs of the appeal are taxed against appellant. See Tex. R. App. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Pending motions, if any, are DISMISSED AS MOOT.

Having dismissed the appeal at appellant's request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered

and filed this the 31st day of January, 2008.