Texas Department of Family and Protective Services v. Jose Chacon--Appeal from 65th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TEXAS DEPARTMENT OF FAMILY AND )

PROTECTIVE SERVICES, ) No. 08-04-00340-CV

)

Appellant, ) Appeal from the

)

v. ) 65th District Court

)

JOSE CHACON, ) of El Paso County, Texas

)

Appellee. ) (TC# 2003CM3424)

)

MEMORANDUM OPINION

Pending before the Court is Appellant=s motion to dismiss appeal and withdraw the notice of appeal. See Tex.R.App.P. 42.1(a)(1). Appellant gave notice of its intent to appeal a final judgment entered by the 65th Judicial District Court of El Paso County, Texas, in cause number 2003CM3424. In its motion, Appellant states a final order had not been rendered by the trial court and therefore, its notice of appeal was prematurely filed. The Court has considered this cause on the Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. The appeal is hereby dismissed.

December 30, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 2

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