COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

Pending before the Court is the appellant=s motion to dismiss this appeal pursuant to Tex. R. App. P. 42.1(a)(1), which states:

(a) On Motion or By Agreement.  The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant.  In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1).  The Court has

considered this cause on the appellant=s motion and concludes the motion should be granted and the appeal should be dismissed.  We therefore dismiss the appeal.

SUSAN LARSEN, Justice

October 16, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.