NO. 07-02-00300-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

HUGO PIMIENTA, APPELLANT

v.

WOODFOREST NATIONAL BANK, APPELLEE

 FROM THE 359TH DISTRICT COURT OF MONTGOMERY COUNTY;

NO. 01-09-06078 CV; HONORABLE JAMES H. KEESHAN JR, JUDGE

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

ON MOTION TO DISMISS

            Appellant Hugo Pimienta has filed a motion to dismiss this appeal because he was granted a discharge in his Chapter 7 bankruptcy proceeding.  No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. See Tex. R. App. P. 42.1(a)(1). All costs related to this appeal are assessed against appellant. See Tex. R. App. P. 42.1(d). If dismissal will prevent appellee from seeking relief to which it would otherwise be entitled, the Court directs appellee to file a timely motion for rehearing. No motion for rehearing from appellant will be entertained.

                                                                                                James T. Campbell

                                                                                                            Justice