                                  NO. 07-06-0268-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                     AT AMARILLO

                                        PANEL B

                                OCTOBER 27, 2006
                         ______________________________

              IN THE MATTER OF MACKENZIE AMELIA COOPER AND
                            MICHAEL WAYNE BERRY
                      _________________________________

             FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

                NO. 72,590-D; HONORABLE DON EMERSON, JUDGE
                       _______________________________


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


                               ON MOTION TO DISMISS


      Michael Wayne Berry, appellant, has filed a motion to dismiss this appeal because

he no longer wishes to pursue it. No decision of this Court having been delivered to date,

we grant the motion. Accordingly, the appeal is dismissed. TEX . R. APP. P. 42.1(a)(1).

No motion for rehearing will be entertained and our mandate will issue forthwith.




                                         Mackey K. Hancock
                                             Justice
