Lex Lentschke, on Behalf of Himself and All Others Similarly Situated v. Discount Tire Company of Texas, Inc. d/b/a Discount Tire Company and Bridgestone/Firestone North American Tire L.L.C. f/k/a Bridgestone/Firestone, Inc.--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-05-00041-CV

______________________________

LEX LENTSCHKE, ON BEHALF OF

HIMSELF AND ALL OTHERS SIMILARLY SITUATED, Appellants

V.

DISCOUNT TIRE COMPANY OF TEXAS, INC. D/B/A

DISCOUNT TIRE COMPANY AND BRIDGESTONE/FIRESTONE

NORTH AMERICAN TIRE L.L.C.

F/K/A BRIDGESTONE/FIRESTONE, INC., Appellees

On Appeal from the 5th Judicial District Court

Cass County, Texas

Trial Court No. 03-C-192

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Lex Lentschke, on behalf of himself and all others similarly situated, has filed a motion asking this Court to dismiss the appeal. Lentschke has personally signed the motion. Pursuant to Tex. R. App. P. 42.1(a)(1), we grant the motion.

We dismiss the appeal.

Jack Carter

Justice

Date Submitted: March 28, 2005

Date Decided: March 29, 2005