NO. 07-09-0244-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C MARCH 5, 2010 ______________________________ JAMES L. OTWELL, Appellant V. VESTIN MORTGAGE, INC. and VESTIN FUND II, L.L.C., Appellee _________________________________ FROM THE 419th DISTRICT COURT OF TRAVIS COUNTY; NO. D-1-GN-08-000170; HONORABLE STEPHEN YELENOSKY, PRESIDING _______________________________ ORDER DISMISSING APPEAL _______________________________ Before QUINN, C.J., and HANCOCK and PIRTLE, 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 appellant=s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice