                                  NO. 07-09-0244-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL C

                                 MARCH 5, 2010
                         ______________________________

                                  JAMES L. OTWELL,

                                                                 Appellant

                                            V.

               VESTIN MORTGAGE, INC. and VESTIN FUND II, L.L.C.,

                                                                 Appellee

                       _________________________________

             FROM THE 419th DISTRICT COURT OF TRAVIS COUNTY;

    NO. D-1-GN-08-000170; HONORABLE STEPHEN YELENOSKY, PRESIDING
                     _______________________________

                            ORDER DISMISSING APPEAL
                         _______________________________

Before QUINN, C.J., and HANCOCK 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
