NO. 07-04-0026-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

MARCH 4, 2004

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IN THE INTEREST OF S.M.L.D., A CHILD

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FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

NO. 66,038-D; HONORABLE DON EMERSON, JUDGE

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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