Dismissed and Memorandum Opinion filed November 5, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00722-CV

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MICHAEL LINDSAY, INDEPENDENT EXECUTOR OF THE ESTATE OF MARK F. KAY, DECEASED, Appellant

V.

AMERICAN GENERAL LIFE INSURANCE COMPANY, Appellee

On Appeal from the Probate Court No. 4

Harris County, Texas

Trial Court Cause No. 380205-401

MEMORANDUM OPINION

This is an appeal from a judgment signed July 23, 2009.  On October 19, 2009, appellant filed a motion to dismiss the appeal stating he 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.