James L. Otwell v. Vestin Mortgage, Inc. and Vestin Fund II, LLC

Opinion

NO. 07-09-0244-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

MARCH 5, 2010 ______________________________

JAMES L. OTWELL,

Appellant

V.

VESTIN MORTGAGE, INC. and VESTIN FUND II, L.L.C.,

Appellee

_________________________________

FROM THE 419th DISTRICT COURT OF TRAVIS COUNTY;

NO. D-1-GN-08-000170; HONORABLE STEPHEN YELENOSKY, PRESIDING _______________________________

ORDER DISMISSING APPEAL _______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. Appellant has filed a motion to dismiss. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal. Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Brian Quinn Chief Justice