Scott A. Mace v. Barbara H. Mace--Appeal from 65th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Appellant,

v.

BARBARA H. MACE,

Appellee.

Appeal from the

65th Judicial District Court

of El Paso County, Texas

(TC# 2004CM4441)

MEMORANDUM OPINION

Pending before the Court is Appellant's pro se motion to withdraw his notice of appeal in this case. Based on Appellant's statement that he no longer wishes to prosecute this appeal, we construe Appellant's motion as a motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1). Appellee has not objected to the motion and there is no indication that dismissal would prevent Appellee from seeking relief to which she would otherwise be entitled. See Tex.R.App.P. 42.1(a)(1). We therefore grant Appellant's motion and dismiss the appeal. Costs are taxed against Appellant. See Tex.R.App.P. 42.1(d).

Also pending before the Court is Appellant's "Motion to Reconsider Interlocutory Orders." As Appellant's motion to dismiss this appeal has been granted, this motion is now moot. Accordingly, Appellant's motion to reconsider is denied.

January 31, 2008

DAVID WELLINGTON CHEW, Chief Justice

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