COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ ROBERTS’ TRANSPORTATION, INC. No. 08-10-00181-CV D/B/A WEST TEXAS EXPRESS, § Appeal from the Appellant, § County Court at Law No. 3 v. § of El Paso County, Texas § RICHARD MYRON MOTT, (TC# 2008-3589) § Appellee.

MEMORANDUM OPINION Pending before the Court is Appellant’s motion for voluntary dismissal of this appeal.

See TEX .R.APP .P. 42.1(a)(1). The motion is granted, and this appeal is dismissed. Costs of appeal are assessed against Appellant. See TEX .R.APP .P. 42.1(d).

April 13, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.