COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

Pending before the Court is Appellant's first amended motion to dismiss this appeal pursuant to Tex. R. App. P. 42.2(a), which states that:

(a) At any time before the appellate court's decision, the appellate court may dismiss the appeal if the party that appealed withdraws its notice of appeal--by filing a written withdrawal in duplicate with the appellate clerk, who must immediately send the duplicate copy to the trial court clerk. An appellant must personally sign the written withdrawal.

No opinion has issued in this case. The motion is signed by Appellant and his counsel. The Clerk of this Court has certified that a copy of the motion was mailed to the County Clerk of Midland County, Texas. Appellant has complied with the requirements of Rule 42.2(a). The Court has considered this cause on Appellant's motion and concludes the motion should be granted and the appeal should be dismissed. We therefore dismiss the appeal.

September 23, 2003

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RICHARD BARAJAS, Chief Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do not publish)