NO. 07-10-0454-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A DECEMBER 16, 2010 ______________________________

KANDY GILBERT, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF ELIZABETH MOORE, APPELLANT V. RONALD E. MOORE, AS INDEPENDENT EXECUTOR OF THE ESTATE OF OATHER WINFIELD MOORE, APPELLEE _________________________________ FROM THE 286TH DISTRICT COURT OF HOCKLEY COUNTY; NO. 09-12-21987; HONORABLE PAT PHELAN, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION

Pending before this Court is Appellant=s Motion to Dismiss Appeal in which she requests that this appeal be dismissed. Without passing on the merits of the case, the motion is granted and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1). Having dismissed the appeal at Appellant's request, no motion for rehearing will be entertained and our mandate will issue forthwith.

Patrick A. Pirtle Justice