NO. 07-09-0131-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C JULY 10, 2009 ______________________________ DEBBIE BARTHOLOMEW, APPELLANT V. ANNE COSPER, APPELLEE _________________________________ FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY; NO. 2008-543,498; HONORABLE RUBEN REYES, JUDGE _______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Appellant, Debbie Bartholomew, has filed a motion to dismiss this appeal because she no longer wishes to pursue it. 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