XCEL ENERGY, THIRD PARTY DEFENDANT, Appellant v. SHERRI LEE HOLLIS, Appellee.

No. 07-03-0240-CV.Court of Appeals of Texas, Seventh District, Amarillo.
September 3, 2003.

Appeal from the 251st District Court of Randall County; No. 50,756-C; Hon. Patrick A. Pirtle, Presiding.

PANEL C: JOHNSON, C.J., and QUINN and REAVIS, JJ.

MEMORANDUM OPINION
BRIAN QUINN, Justice.

Appellant Xcel Energy, by and through their attorneys, have filed a motion to dismiss this appeal because they longer desire to prosecute it. Without passing on the merits of the case, we grant the motion to dismiss pursuant to Texas Rule of Appellate Procedure 42.1(a)(2) and dismiss the appeal. Having dismissed the appeal at appellant’s request, no motion for rehearing will be entertained, and our mandate will issue forthwith.