NO. 12-09-00324-CV

                         IN THE COURT OF APPEALS

            TWELFTH COURT OF APPEALS DISTRICT

                                      TYLER, TEXAS

JOE COY WHITLOW,                                       '     APPEAL FROM THE 241ST

APPELLANT

V.                                                                         '     JUDICIAL DISTRICT COURT OF

HEALTHPORT, P.A. D/B/A

PAIN RECOVERY CENTER OF,                   '     SMITH COUNTY, TEXAS

TYLER AND BOBBY HOLBROOK,

APPELLEES

MEMORANDUM OPINION

PER CURIAM

            Appellant, Joe Coy Whitlow, has filed a motion to dismiss this appeal.  In his motion, Whitlow states that his dispute with Appellees, Healthport, PA, d/b/a Pain Recovery Center of Tyler and Bobby Holbrook, has been resolved and he no longer wishes to pursue the appeal.  Because Whitlow has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed. 

Opinion delivered February 10, 2010.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)