                                    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
