Opinion
No. 03-08-00765-CV
Filed: June 11, 2009.
Appealed from the District Court of Travis County, 201st Judicial District No. D-1-FM-08-002533, Honorable Suzanne Covington, Judge Presiding.
Dismissed on Appellant's Motion.
Before Justices PATTERSON, PEMBERTON and WALDROP.
MEMORANDUM OPINION
On December 16, 2008, appellant Miles Anson Olson filed his notice of appeal from a district court judgment that was ultimately signed on January 7, 2009. This appeal was assigned the above-captioned cause number, 03-08-00765-CV. Subsequently, on February 3, 2009, Olson filed a motion for new trial in the district court. After his motion was denied, Olson filed, on March 16, 2009, a second notice of appeal from the district court's judgment. This Court assigned Olson's second appeal a separate cause number, 03-09-00144-CV. This appeal is currently proceeding, and the clerk's record has already been filed under that cause number.
Olson has filed a "Motion to Withdraw Premature Notice of Appeal" in which he seeks to dismiss the original appeal he filed on December 16, 2008, Cause No. 03-08-00765-CV. We grant Olson's motion and dismiss that appeal. See Tex. R. App. P. 42.1(a). This dismissal does not affect Olson's pending appeal in Cause No. 03-09-00144-CV.