NO. 07-09-0052-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 20, 2009 ______________________________

IN THE ESTATE OF MARJORY DYE, DECEASED _________________________________ FROM THE COUNTY COURT OF LUBBOCK COUNTY; NO. 2000-782,841; HONORABLE PAULA LANEHART, JUDGE _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Appellant Brian Murphy-Dye’s Motion to Dismiss Appeal. By the motion, Murphy-Dye represents that he no longer wishes to pursue this appeal. Without passing on the merits of the case, the motion is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at the request of Murphy-Dye, no motion for rehearing will be entertained and our mandate will issue forthwith.

Our disposition of this appeal renders moot Appellee’s Steve Payton’s Opposed Motion to Dismiss.

Patrick A. Pirtle Justice