Rafael Zuniga v. Patricia B. Zuniga--Appeal from 65th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

RAFAEL ZUNIGA,

Appellant,

v.

PATRICIA B. ZUNIGA,

Appellee.

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No. 08-03-00429-CV

Appeal from the

65th District Court

of El Paso County, Texas

(TC# 2002CM-4192 )

MEMORANDUM OPINION

Pending before the Court is the appellant=s motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(1), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1). The Court has

considered this cause on the appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

SUSAN LARSEN, Justice

October 16, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.