Dismissed and Memorandum Opinion filed January 14, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-09-00877-CV

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SHIRLEY JEAN ESSMAN, TRUSTEE OF THE TESTAMENTARY TRUST ESTABLISHED UNDER THE WILL OF LEE C. ESSMAN, Appellant

V.

ROBERT SMITH and wife, INGRID SMITH, Appellees

On Appeal from the 506th District Court

Grimes County, Texas

Trial Court Cause No. 31007

M E M O R A N D U M   O P I N I O N

This is an appeal from a summary judgment signed May 20, 2009. On January 5, 2010, appellant filed an unopposed 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.