in the Matter of MacKenzie Amelia Cooper and Michael Wayne Berry ( 2006 )

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 320^TH 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

r the appeal. Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.-Dallas 1996, no writ).

Consequently, the appeal is dismissed for want of jurisdiction.

Brian Quinn

Justice

Do not publish.