Dismissed and Memorandum Opinion filed January 28, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00088-CV

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CARY GARRETT, Appellant

V.

DON McGILL TOYOTA KATY/SCION, Appellee

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

Harris County, Texas

Trial Court Cause No. 909694

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 November 3, 2008. On January 19, 2010, 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 Chief Justice Hedges and Justices Anderson and Christopher.