IN THE INTEREST OF C. A. B., A CHILD--Appeal from 105th District Court of Nueces County
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NUMBER 13-09-00322-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG ______________________________________________________________ IN THE INTEREST OF C. A. B., A CHILD _____________________________________________________________ On appeal from the 105th District Court of Nueces County, Texas. ______________________________________________________________ MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam Appellant, Nicholas C. Newman, perfected an appeal from a judgment entered by the 105th District Court of Nueces County, Texas, in cause number 05-3155-D. Appellant has filed a notice of withdrawal of appeal on grounds that he filed a motion for new trial which was granted by the trial court. Appellant states that as a result of the granting of the motion for new trial, he withdraws his notice of appeal. The Court, having considered the documents on file and appellant s motion to withdraw the appeal, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.1(a). Appellant s motion to withdraw the appeal is granted, and the appeal is hereby DISMISSED. Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant."). Having dismissed the appeal at appellant s request, no motion for rehearing will be entertained, and our mandate will issue forthwith. PER CURIAM Memorandum Opinion delivered and filed this the 6th day of August, 2009. 2
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