Appellant J. W. Berry moves to dismiss this appeal. The motion to dismiss is not signed by appellant as required by rule. See Tex. R. App. P. 42.2(a). The motion is accompanied, however, by the record of appellant's appearance in open court at which he personally stated that he did not wish to pursue the appeal. Under the circumstances, we are satisfied that it is appellant's personal desire to waive the appeal.

Appellant's motion to dismiss this appeal is granted. The appeal is dismissed.

Before Chief Justice Aboussie, Justices Kidd and B. A. Smith

Dismissed on Appellant's Motion

Filed: March 2, 2000

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