Steven C. Barkley v. W.M. Boiter ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-05-346 CV ____________________

STEVEN C. BARKLEY, Appellant

V.

W.M. BOITER, Appellee

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On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-164029

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MEMORANDUM OPINION  

The appellant, Steven C. Barkley, filed a motion to dismiss this appeal. The appellant alleges he no longer desires to prosecute this appeal because the parties have settled their dispute. The Court finds that this motion is voluntarily made by the appellant prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal. The motion to dismiss is granted and the appeal is therefore dismissed.

APPEAL DISMISSED.

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DAVID GAULTNEY

Justice

Opinion Delivered August 25, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.