Opinion
No. 10-03-320-CV
Opinion delivered and filed December 10, 2003.
Appeal From the County Court at Law No. 2, Brazos County, Texas, Trial Court # 37,302A-CCL2.
Appeal dismissed.
Julie May Young, Attorney for Appellant.
D. Michael Holt, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Kimberly Everett-George perfected an appeal from an adverse judgment in a proceeding to modify and enforce a prior child custody and/or child support order. She has now filed a motion to dismiss her appeal.
The clerk's record has not yet been filed. From the limited information provided by the notice of appeal, we cannot ascertain whether the order being appealed concerns child custody issues, child support issues, or both.
Rule of Appellate Procedure 42.1(a)(1) provides:
(a) The appellate court may dispose of an appeal as follows:
(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.
Tex.R.App.P. 42.1(a)(1).
Everett-George's dismissal motion satisfies the requirements of the appellate rules. Appellee has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against Everett-George. See id. 42.1(d).