In the Interest of L. L., A Child--Appeal from Probate Court No 1 of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF L.L.,

A CHILD.

No. 08-05-00058-CV

Appeal from the

Probate Court

of El Paso County, Texas

(TC# 2000-G-158)

MEMORANDUM OPINION

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 the Court grant his motion to dismiss the appeal because Appellant has stated his belief that no final judgment has been entered. 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. The costs shall be borne by Appellant.

RICHARD BARAJAS, Chief Justice

April 28, 2005

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