NO. 07-10-0210-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B OCTOBER 14, 2010 ______________________________ In the Matter of the Marriage of DUSTIN WAYNE SCHULZE and KATIE DIANE SCHULZE and In the Interest of J.S., A Child _________________________________ FROM THE 47th DISTRICT COURT OF RANDALL COUNTY; NO. 60,293-A; HONORABLE RICHARD DAMBOLD, PRESIDING _______________________________ ORDER DISMISSING APPEAL _______________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellant has filed a motion to dismiss. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal. Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice