In Re: Antonio Sepeda--Appeal from 109th District Court of Andrews County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: ANTONIO SEPEDA,

Relator.

No. 08-05-00091-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION

Pending before the Court is the Relator 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 . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

The Relator has complied with the requirements of Rule 42.1(a)(1). Relator has requested that the Court grant his motion to dismiss the appeal because Relator has stated his belief that no action by this Court is needed to enforce the trial court to act. The Court has considered this cause on the Relator s motion and concludes the motion should be granted and the appeal be dismissed. We therefore dismiss the appeal.

RICHARD BARAJAS, Chief Justice

April 28, 2005

Before Barajas, C.J., McClure, and Chew, JJ.