Opinion issued December 12, 2002

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-02-00326-CV

____________

TOM DEAN JOHNS, Appellant

V.

MARCELINE H. JOHNS, Appellee

On Appeal from the 127th District Court

Harris County, Texas

Trial Court Cause No. 1999-61596

O P I N I O N

Appellant has filed a motion to dismiss this appeal. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed without prejudice Tex. R. App. P. 42.1(a).

Appellee's motion to dismiss for want of prosecution is dismissed as moot.

All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Hedges, Keyes, and Dugan. ⁽¹⁾

Do not publish. Tex. R. App. P. 47.

1.The Honorable Lee Duggan, Jr., retired Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.