Leo Samaniego v. Mary Bracknell, Individually and as Next Friend of Erik Anthony Bracknell, a Minor--Appeal from 41st District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LEO SAMANIEGO, SHERIFF OF EL PASO )

COUNTY, TEXAS, )

) No. 08-02-00316-CV

Appellant, )

) Appeal from the

v. )

) 41st District Court

MARY BRACKNELL, Individually and as Next )

Friend of ERIK ANTHONY BRACKNELL, ) of El Paso County, Texas

A Minor, )

) (TC# 96-4690)

Appellee. )

)

O P I N I O N

Pending before the Court is the Appellant=s motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(2), which states:

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

. . .

(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.

Appellant has complied with the requirements of Rule 42.1(a)(2). 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.

September 12, 2002

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do Not Publish)