                                   NO. 07-09-0098-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL D

                                  JULY 22, 2009
                         ______________________________

                               GREGORY D. JOHNSON,

                                                                 Appellant

                                            V.

                                  JUSTIN MAYBERRY,
                                                                 Appellee

                       _________________________________

             FROM THE 181st DISTRICT COURT OF POTTER COUNTY;

             NO. 97,254-B; HONORABLE JOHN B. BOARD, PRESIDING
                       _______________________________

                            ORDER DISMISSING APPEAL
                         _______________________________

Before QUINN, C.J., and CAMPBELL 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
