NO. 07-09-0052-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

APRIL 20, 2009

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IN THE ESTATE OF MARJORY DYE, DECEASED

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FROM THE COUNTY COURT OF LUBBOCK COUNTY;

NO. 2000-782,841; HONORABLE PAULA LANEHART, JUDGE

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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