Opinion filed August 28, 2009

In The

Eleventh Court of Appeals ___________ No. 11-09-00111-CV __________ TOMMY VAN SMITH, Appellant V. SHEILA VAN SMITH, Appellee

On Appeal from the 211th District Court Denton County, Texas Trial Court Cause No. 2003-30466-211

MEMORANDUM OPINION Tommy Van Smith has filed in this court a motion to dismiss his appeal. The motion is unopposed. The motion is granted, and the appeal is dismissed.

PER CURIAM August 28, 2009 Panel consists of: Wright, C.J., McCall, J., and Strange, J.