TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00706-CV

Jeffrey Marx, Appellant v. Texas Department of Human and Regulatory Services, Appellee

FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT NO. 16,112, HONORABLE, GUILFORD L. JONES, III, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Jeffrey Marx has filed with this Court a motion to dismiss his appeal, informing this Court that the notice of appeal to this Court was filed in error, the parties reached an agreement, appellant is no longer an active party in this case, and he has no desire to pursue his appeal. We therefore grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(2).

____________________________________ David Puryear, Justice Before Justices Kidd, Puryear and Pemberton Dismissed on Appellant’s Motion Filed: January 8, 2004