NO. 12-09-00182-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JIMMY BROWN HUMPHRIES, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF MAMIE RUTH § APPEAL FROM THE 294TH HUMPHRIES HENDERSON, DECEASED APPELLANT V. § JUDICIAL DISTRICT COURT OF MARVIN WAYNE HUMPHRIES AND § VAN ZANDT COUNTY, TEXAS TOMMY M. HUMPHRIES, APPELLEES MEMORANDUM OPINION PER CURIAM Jimmy Brown Humphries, individually and as executor of the estate of Mamie Ruth Humphries Henderson, deceased, has filed a motion to dismiss this appeal. In his motion, Humphries states that he does not wish to continue this appeal because the judgment he purports to appeal is not a final appealable judgment. Because Humphries has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered July 15, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)