In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-09-00097-CV ______________________________

KEITH DICKEY AND SUZANN DICKEY, Appellants V. CHARLES E. WARE, Appellee

On Appeal from the 336th Judicial District Court Fannin County, Texas Trial Court No. 37473

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley MEMORANDUM OPINION Keith Dickey and wife, Suzann Dickey, appellants in this case, have filed a motion seeking to dismiss their appeal. Pursuant to TEX . R. APP . P. 42.1, their motion is granted.

We dismiss the appeal.

Bailey C. Moseley Justice Date Submitted: December 21, 2009 Date Decided: December 22, 2009