John Fox v. Joe Wardy, Terry Williams, Thomas McGuire--Appeal from 327th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

JOE WARDY, TERRY WILLIAMS, THOMAS MCGUIRE,

Appellees.

No. 08-04-00115-CV

Appeal from the

327th Judicial District Court

of El Paso County, Texas

(TC#2003-4386)

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 . . . unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

. . .

The Appellant has complied with the requirements of Rule 42.1(a)(1). Appellant has requested that this Court grant his motion to dismiss the appeal. Texas Rules of Appellate Procedure 43.2(f) provides that the appellate court may dismiss the appeal. Tex. R. App. P. 43.2(f). The Court has considered this cause on the Appellant's motion and concludes the motion should be granted and the appeal be dismissed. We therefore dismiss the appeal.

July 14, 2004

_______________________________________

RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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