Kenneth Kennedy and Twila Aufill, Independent of the Estate of Jack L. Aufill v. V'Rhett Williams

NO. 07-04-0498-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C JANUARY 25, 2005 ______________________________ KENNETH KENNEDY, APPELLANT V. V’RHETT WILLIAMS, APPELLEE _________________________________ FROM THE 72ND DISTRICT COURT OF CROSBY COUNTY; NO. 5670; HONORABLE J. BLAIR CHERRY, JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ. MEMORANDUM OPINION Pending before this Court is appellant Kenneth Kennedy’s motion to dismiss in which he represents he no longer wishes to pursue this appeal. By the certificate of conference, Kennedy asserts that appellee V’Rhett Williams agrees to the dismissal. Without passing on the merits of the case, Kennedy’s motion is granted and the appeal is dismissed. Tex. R. App. 42.1(a)(1). As requested, costs are to be assessed against the party incurring same. Having dismissed the appeal at Kennedy’s request, no motion for rehearing will be entertained and our mandate will issue forthwith Don H. Reavis Justice 2