Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

Following the dismissal of his civil suit pursuant to chapter 14 of the Texas Civil and Practice Remedies Code, appellant filed a notice of appeal. ⁽¹⁾ On May 4, 2004, he filed a motion to withdraw his appeal. Although the signature line on the motion is blank, appellant did sign his transmittal letter in which he indicates he intends to file a motion to withdraw his appeal. We apply Rule 2 of the Texas Rules of Appellate Procedure to suspend the operation of Rule 9.1(b) which provides that a party without representation must sign any document filed. Without passing on the merits of the appeal, we grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).

Accordingly, the appeal is dismissed.

Don H. Reavis

Justice

1. Harrison expressed an intent to appeal dismissal of a writ of mandamus. However, by the dismissal order, the trial court recited that it considered Harrison's original petition and found the claim had no arguable basis in law or fact and the realistic chances of ultimate success were slight.

We have now been furnished with a suggestion of death by the State with a certified copy of a death certificate attached showing that appellant was killed on October 10, 2003. The death of appellant during the pendency of his appeal deprives this court of jurisdiction. See Vargas v. State, 659 S.W.2d 422 (Tex. Crim. App. 1983).

Because of the lack of jurisdiction to enter any other order, this appeal must be, and is hereby, permanently abated and no further proceedings in this court or the court below may be taken. See id. at 423.

It is so ordered.

John T. Boyd

Senior Justice

Do not publish.

1. John T. Boyd, Chief Justice (Ret.), Seventh Court of Appeals, sitting by assignment. Tex. Gov't Code Ann. §75.002(a)(1) (Vernon Supp. 2003).