In the Interest of D. M. S., a Child--Appeal from 402nd Judicial District Court of Wood County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00148-CV

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IN THE INTEREST OF

D. M. S., A CHILD

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 2003-284

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Frankie Shane Senter, appellant, timely perfected his appeal on October 31, 2003. Not having received an appellant's brief in this matter, on April 13, 2004, we entered an order abating this case and remanding it to the trial court to conduct a hearing to determine whether Senter wished to pursue this appeal. Subsequently, Senter now moves this Court to dismiss his appeal. In his motion, he states the trial court entered an order on April 14, 2004, resolving the issues he planned to bring on appeal.

Senter's motion complies with the requirements as set forth in Tex. R. App. P. 42.1(a)(1). The rule authorizes this Court to dismiss an appeal on the filing of a proper motion by the appellant. Accordingly, we withdraw our order of abatement and grant Senter's motion.

We hereby dismiss Senter's appeal.

Jack Carter

Justice

Date Submitted: April 21, 2004

Date Decided: April 22, 2004