NO. 07-09-0002-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C FEBRUARY 11, 2009 ______________________________

DAVID BALLARD, ET AL., APPELLANTS V. DENNIS LEE HOLT, ET. AL., APPELLEES _________________________________ FROM THE 31ST DISTRICT COURT OF WHEELER COUNTY; NO. 12,012; HONORABLE STEVE EMMERT, JUDGE _______________________________ Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court are two motions to dismiss this purported appeal filed by both Appellants and Appellees in which they maintain that Appellants failed to timely invoke the jurisdiction of this Court. We grant Appellant’s motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(1). Appellee’s motion is rendered moot.

Having dismissed the appeal at the request of Appellants, no opinion having been rendered, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Patrick A. Pirtle Justice