Vasquez, Laura Lamar v. Texas Department of Protective and Regulatory Services--Appeal from 318th District Court of Midland County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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LAURA LAMAR VASQUEZ, ) No. 08-02-00111-CV

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Appellant, ) Appeal from

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v. ) 318th District Court

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TEXAS DEPARTMENT OF PROTECTIVE ) of Midland County, Texas

AND REGULATORY SERVICES, )

) (TC# 37,044)

Appellee. )

O P I N I O N

Pending before the Court is the motion of Appellant, Laura Lamar Vasquez, to dismiss this appeal pursuant to Tex.R.App.P. 42.1, which states that:

(a) The appellate court may dispose of an appeal as follows:

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no party may be prevented from seeking any relief to which it would otherwise be entitled.

By her motion, Appellant voluntarily requests dismissal of the appeal pursuant to Rule 42.1(a)(2) because she no longer desires to pursue the appeal. There is no indication in the record before us that Appellee seeks affirmative relief in the context of this appeal and Appellee has not objected to dismissal. Because Appellant has established compliance with Rule 42.1(a)(2), we grant Appellant=s motion and dismiss the appeal.

September 26, 2002

ANN CRAWFORD McCLURE, Justice

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)