in the Estate of Frank J. Hersey

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-085 CV NO. 09-07-086 CV ______________________

IN THE ESTATE OF FRANK J. HERSEY

and

CYNTHIA HERSEY, Trustee of the Frank J. Hersey Family Trust, JUSTIN HERSEY and TRAVIS HERSEY, Appellants

V.

ANDREWS KURTH, LLP and MICHAEL B. NEWMAN, in his capacity as Dependent Administrator of the Estate of Frank J. Hersey, Appellees

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On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause Nos. 98-17027-P and 01-15925

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  MEMORANDUM OPINION

The appellants, Cynthia Hersey, Trustee of the Frank J. Hersey Family Trust, Justin Hersey and Travis Hersey filed a motion to dismiss these appeals. The motion is voluntarily made by the appellants prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. The motion to dismiss is granted and the appeals are dismissed.

APPEALS DISMISSED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered August 2, 2007

Before Gaultney, Kreger, and Horton, JJ.