
In The


Court of Appeals


Ninth District of Texas at Beaumont

____________________


NO. 09-05-346 CV

____________________


STEVEN C. BARKLEY, Appellant


V.


W.M. BOITER, Appellee




On Appeal from the 172nd District Court
Jefferson County, Texas

Trial Cause No. E-164029




MEMORANDUM OPINION
	The appellant, Steven C. Barkley, filed a motion to dismiss this appeal.  The
appellant alleges he no longer desires to prosecute this appeal because the parties have
settled their dispute.  The Court finds that this motion is voluntarily made by the appellant
prior to any decision of this Court and should be granted.  Tex. R. App. P. 42.1(a)(1).  No
other party filed a notice of appeal.  The motion to dismiss is granted and the appeal is
therefore dismissed.
	APPEAL DISMISSED.	
								___________________________
								       DAVID GAULTNEY
									        Justice

Opinion Delivered August 25, 2005
Before McKeithen, C.J., Gaultney and Horton, JJ.
