
NO. 07-09-0098-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL D



JULY 22, 2009

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GREGORY D. JOHNSON,



Appellant



V.



JUSTIN MAYBERRY,

Appellee



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FROM THE 181st DISTRICT COURT OF POTTER COUNTY;



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

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ORDER DISMISSING APPEAL

       
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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

