Eduardo De Jesus v. Elizabeth De Jesus--Appeal from 388th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

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EDUARDO DE JESUS, ) No. 08-05-00273-CV

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Appellant, ) Appeal from

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v. ) 388th District Court

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ELIZABETH DE JESUS, ) of El Paso County, Texas

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Appellee. ) (TC# 2003CM7668)

MEMORANDUM OPINION

Pending before the Court is Appellant s notice of nonsuit which we have construed as a motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1. There is nothing in the record to indicate that dismissal would prevent Appellee from seeking relief to which she would otherwise be entitled. Accordingly, we grant the motion and dismiss the appeal with prejudice. Because Appellant does not indicate that the parties have reached an agreement regarding costs, we tax costs against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

March 30, 2006

ANN CRAWFORD McCLURE, Justice

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