COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

Pending before the Court is appellant's 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.

Counsel for appellant has filed and signed the motion to dismiss. Ms. May has not signed the motion; however, since the record filed with this Court contains a signed waiver of her right to appeal, we find she need not sign the motion itself in order to withdraw her notice of appeal. The requirements of Rule 42.2(a) have been met. The Court has considered this cause on appellant's motion and concludes the motion should be granted. We therefore grant the motion and dismiss the appeal.

SUSAN LARSEN, Justice

March 6, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

(Do Not Publish)