Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00536-CV

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TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant

V.

CHRISTOPHER DANIEL HOGAN, Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 926,481

MEMORANDUM OPINION

This is an appeal from a judgment signed May 6, 2009.  On October 20, 2009, appellant filed a motion to dismiss the appeal stating it no longer wishes to pursue 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, Frost, and Brown.