Opinion
No. 12-10-00116-CV
Opinion delivered April 30, 2009.
Appeal from the 349th Judicial District Court of Houston County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.
MEMORANDUM OPINION
Appellant Don Paul Carter has filed an unopposed motion to dismiss this appeal. In his motion, Carter he has recently discovered that the issue he sought to appeal has not been severed by the trial court and therefore the judgment appealed from is interlocutory. Because Carter has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.