In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00041-CV

______________________________

IN THE INTEREST OF

D. R. AND H. R., CHILDREN

On Appeal from the County Court at Law

Rusk County, Texas

Trial Court No. 2003-06-307

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          After a judgment terminating the parental rights of Keith and Holli Renfro, the Renfros each filed a motion for new trial and a notice of appeal. The trial court has granted a new trial as to both parents. Therefore, the Renfros have filed their joint motion to dismiss appeal. The Renfros' motion complies with the requirements set forth in Tex. R. App. P. 42.1. The rule authorizes this Court to dismiss an appeal on the filing of a proper motion by the appellant.

          Accordingly, we grant the motion and dismiss the appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      April 21, 2004

Date Decided:         April 22, 2004

                      Chief Justice

Date Submitted:          December 1, 2003

Date Decided:             December 2, 2003