Dismissed and Memorandum Opinion filed March 26, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00215-CV

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JOSEPH KETANER, Appellant

V.

MARIE KETANER, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2006-76347

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 December 19, 2008.  On March 16, 2009, appellant filed a motion to dismiss the appeal because the trial court granted appellant=s motion for new trial.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Guzman, and Sullivan.