NO. 07-09-0098-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D JULY 22, 2009 ______________________________ GREGORY D. JOHNSON, Appellant V. JUSTIN MAYBERRY, Appellee _________________________________ FROM THE 181st DISTRICT COURT OF POTTER COUNTY; NO. 97,254-B; HONORABLE JOHN B. BOARD, PRESIDING _______________________________ ORDER DISMISSING APPEAL _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant has filed a motion to dismiss. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice