In the Matter of the Marriage of Anna G. Schakosky and Rodney James Schakosky and in the Interest of N.V.S., a Child--Appeal from 413th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-07-00254-CV

In the Matter of the Marriage of

Anna G. Schakosky

and

Rodney James Schakosky

and

in the Interest of N.V.S., a Child

From the 413th District Court

Johnson County, Texas

Trial Court No. D200705048

MEMORANDUM Opinion

Rodney James Schakosky filed a notice of appeal of the trial court s judgment rendered against him. He now files a motion to dismiss his appeal.

He notes on his motion, and in the cover letter, that the Appellee, Anna Schakosky, has been copied with the motion. The Rules of Appellate Procedure require that each document presented for filing must contain a proof of service and that proof may be made in the form of an acknowledgment or a certification. Tex. R. App. P. 9.5(a) and (d). Rodney s notation does not satisfy the requirements of an acknowledgment or a certification. However, because Rodney wishes to dismiss his appeal and has indicated that he has sent a copy of the motion to Anna, we use Rule 2 to suspend the requirement of Rule 9.5(d).

This appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Appeal dismissed

Opinion delivered and filed January 2, 2008

[CV06]