NO. 07-10-0501-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JUNE 14, 2011 ______________________________ MICHAEL MALONE d/b/a MICHAEL MALONE STUDIO, And WKMC ARCHITECTS, INC., Appellants V. BARNES JEWELRY, INC., Appellee ______________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NO. 95,078-C; HONORABLE ANA ESTEVEZ, PRESIDING _____________________________ ORDER DISMISSING APPEAL _____________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Appellants have 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