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

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FROM THE 286^TH DISTRICT COURT OF HOCKLEY COUNTY;

NO. 09-12-21987; HONORABLE PAT PHELAN, JUDGE

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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