Opinion
No. 04-08-00817-CV
Delivered and Filed: January 21, 2009.
Appealed from the County Court at Law No. 1, Webb County, Texas, Trial Court No. 2008-CVD-000010-L 1, Honorable Ben Morales, Judge Presiding.
Dismissed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On November 3, 2008, appellant filed a document entitled "Defendant's Motion to Withdraw Notice of Appeal and Affidavit in Lieu of Supersedas [sic] Bond." The motion states, "This court has been dismissed defendant for lack of jurisdiction." On November 17, 2008, this court issued an order stating that it had made no determination with regard to our jurisdiction to consider this appeal and ordered appellants to provide written clarification as to whether appellants were requesting a voluntary dismissal of the appeal. See TEX. R. APP. P. 42.1(a)(1). We subsequently ordered that we would construe appellants' motion as a request for a voluntary dismissal if appellants failed to provide written clarification by December 22, 2008. No response was filed. Accordingly, we grant appellants' motion to withdraw their notice of appeal and dismiss the appeal. Costs of the appeal are taxed against appellants.