IN THE

TENTH COURT OF APPEALS

No. 10-97-153-CV

        MACK MARCUS MANGAN, III,

                                                                              Appellant

        v.

        DEBORA CLAIRE MANGAN,

                                                                              Appellee

From the County Court at Law

Ellis County, Texas

Trial Court # 46,237-D

MEMORANDUM OPINION

          On April 21, 1997, Mack Marcus Mangan, III filed a motion to dismiss his appeal. In relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

          The appellant has certified that he forwarded by mail a copy of the motion to the appellee, who seeks no affirmative relief in this court.

          The motion to dismiss is granted. The appellant is to bear the costs of the appeal.

                                                                                 PER CURIAM

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Dismissed on appellant's motion

Opinion delivered and filed May 7, 1997

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