Dismissed and Memorandum Opinion filed May 21, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00693-CV

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TROY WESTERMAN, Appellant

V.

J.T. VAUGHN CONSTRUCTION COMPANY, INC., Appellee

On Appeal from the 55th District Court

Harris County, Texas

Trial Court Cause No. 2006-58442

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 June 25, 2008.  On April 30, 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 Frost, Seymore, and Sullivan.