TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00076-CV

Neely Joe Ellis, M.D., Appellant

v.

Texas State Board of Medical Examiners; Lee Anderson, M.D. and Donald

W. Patrick, M.D. in their official capacity as President and

Executive Director, of the TSBME, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. GN104149, HONORABLE PAUL DAVIS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Neely Joe Ellis, M.D. has filed a notice of withdrawal of appeal, informing this Court of his intent to withdraw his appeal. We will treat appellant's notice of withdrawal of appeal as an appellant's motion to dismiss and grant it. Accordingly, we dismiss the appeal on appellant's motion. See Tex. R. App. P. 42.1(a)(2).

__________________________________________

Lee Yeakel, Justice

Before Justices Kidd, Yeakel and Patterson

Dismissed on Appellant's Motion

Filed: February 13, 2003