Mark J. Mulholland v. Debra Kay Mulholland--Appeal from 3rd District Court of Henderson County

NO. 12-05-00143-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MARK J. MULHOLLAND, APPEAL FROM THE THIRD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

DEBRA KAY MULHOLLAND,

APPELLEE HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant has filed a motion to withdraw his notice of appeal and motion to dismiss this appeal. All other parties to the appeal have been given notice of the filing of this motion. In his motion, Appellant represents that he intended to file a motion for new trial and not a notice of appeal. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered May 11, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH)