Steven C. Barkley v. W.M. Boiter

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




On Appeal from the 172nd District Court

Jefferson County, Texas

Trial Cause No. E-164029




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.

___________________________

DAVID GAULTNEY

Justice



Opinion Delivered August 25, 2005

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