Opinion
No. 14-04-00599-CV
Memorandum Opinion filed August 19, 2004.
On Appeal from the 152nd District Court Harris County, Texas, Trial Court Cause No. 03-10130.
Dismissed.
Panel consists of Justices ANDERSON, HUDSON, and FROST.
MEMORANDUM OPINION
This is an appeal from a a judgment signed February 26, 2004. A timely motion for new trial was filed on March 29, 2004. The notice of appeal was not filed until June 16, 2004. On July 28, 2004, this Court issued a notice to appellant of our intent to dismiss for lack of jurisdiction unless appellant filed a response within 10 days showing this Court had jurisdiction. On July 30, 2004, appellee filed a motion to dismiss, based on lack of jurisdiction. Appellee also requested sanctions. On August 4, 2004, appellant filed a motion to dismiss, asserting that he no longer desired to pursue the appeal.
Because appellant has chosen to dismiss the appeal voluntarily, we grant appellant's motion and dismiss the appeal. See Tex.R.App.P. 42.1. Costs on appeal are assessed against appellant. Having granted appellant's motion to dismiss, we deny appellee's motion to dismiss as moot and we also deny appellee's request for sanctions.
Accordingly, the appeal is ordered dismissed.