MACE v. MACE

Full title: SCOTT A. MACE, Appellant, v. BARBARA H. MACE, Appellee

Court: Court of Appeals of Texas, Eighth District, El Paso

Date published: Jan 31, 2008

No. 08-07-00333-CV (Tex. App. Jan. 31, 2008)

Opinion

No. 08-07-00333-CV

January 31, 2008.

Appeal from the 65th Judicial District Court of El Paso County, Texas, (TC# 2004CM4441).

Before CHEW, C.J., McCLURE, and CARR, JJ.

MEMORANDUM OPINION

DAVID WELLINGTON CHEW, Chief Justice.

Pending before the Court is Appellant's pro se motion to withdraw his notice of appeal in this case. Based on Appellant's statement that he no longer wishes to prosecute this appeal, we construe Appellant's motion as a motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1). Appellee has not objected to the motion and there is no indication that dismissal would prevent Appellee from seeking relief to which she would otherwise be entitled. See Tex.R.App.P. 42.1(a)(1). We therefore grant Appellant's motion and dismiss the appeal. Costs are taxed against Appellant. See Tex.R.App.P. 42.1(d).

Also pending before the Court is Appellant's "Motion to Reconsider Interlocutory Orders." As Appellant's motion to dismiss this appeal has been granted, this motion is now moot. Accordingly, Appellant's motion to reconsider is denied.