                                   NO. 07-06-0251-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL C

                               NOVEMBER 21, 2006
                         ______________________________

                              THE CITY OF LEVELLAND,

                                                              Appellant

                                            V.

                               BILL AND NANCY CARR,

                                                     Appellees
                       _________________________________

            FROM THE 286th DISTRICT COURT OF HOCKLEY COUNTY;

               NO. 05-09-20167; HON. HAROLD PHELAN, PRESIDING
                       _______________________________

                            ORDER DISMISSING APPEAL
                         _______________________________

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

      The City of Levelland moves to dismiss its interlocutory appeal. 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.


                                                 Per Curiam
