NO. 07-04-0026-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D MARCH 4, 2004 ______________________________ IN THE INTEREST OF S.M.L.D., A CHILD _________________________________ FROM THE 320TH DISTRICT COURT OF POTTER COUNTY; NO. 66,038-D; HONORABLE DON EMERSON, JUDGE _______________________________ Before QUINN and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellant Dwayne Lynn Dale filed a Motion to Dismiss on February 26, 2004.

No decision of this Court having been delivered to date, we grant the motion.

Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Tex. R. App. P. 42.1. All costs are assessed to appellant.

James T. Campbell Justice