In the Interest of M.R.F. and J.R.F., children--Appeal from 410th District Court of Montgomery County

IN THE

TENTH COURT OF APPEALS

No. 10-02-184-CV

IN THE INTEREST OF M.R.F. AND J.R.F., CHILDREN

From the 410th District Court

Montgomery County, Texas

Trial Court # 96-09-03090-CV

MEMORANDUM OPINION

Nicole Farmer appealed an adverse judgment in a child custody matter. She has now filed a Notice of Nonsuit. We have determined to treat this Notice as a motion to dismiss.

Rule of Appellate Procedure 42.1(a)(2) provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

Farmer s dismissal motion complies with the requirements of the appellate rules. The appellee has not responded to the motion. Accordingly, this appeal is dismissed with costs to be taxed against the party incurring same.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed July 31, 2002

Do not publish

[CV06]