Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00441-CV

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TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant

V.

PETER WILLIAM BENSON, Appellee

On Appeal from County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 933386

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed April 13, 2009.  On October 20, 2009, appellant filed a motion to dismiss the appeal.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Anderson, and Boyce.