NO. 07-09-0230-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A AUGUST 25, 2009 ______________________________ IN RE ESTATE OF KENNETH LEE PEARSON, DECEASED _________________________________ FROM THE COUNTY COURT OF POTTER COUNTY; NO. 28633-01-P; HONORABLE ARTHUR WARE, JUDGE _______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Appellant, Mary S. Stevens Pearson, has filed a 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). All costs related to this appeal are assessed against appellant. If dismissal will prevent appellee from seeking relief to which she would otherwise be entitled, the Court directs appellee to file a timely motion for rehearing. No motion for rehearing from appellant will be entertained.

Mackey K. Hancock Justice