Dismissed and Memorandum Opinion filed June 3, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-00022-CV

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MICHAEL ALBERT PRATER, Appellant

V.

AMY DENISE PRATER, Appellee

On Appeal from the 311th District Court

Harris County, Texas

Trial Court Cause No. 2009-64750

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 11, 2009.  On May 25, 2010, appellant filed a motion for non-suit, which we construe as 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 Chief Justice Hedges and Justices Yates and Boyce.