Dismissed and Memorandum Opinion filed August 19, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00599-CV

____________

JAMES B. ROBBINS, Appellant

V.

J.E. MERIT CONSTRUCTORS, INC., Appellee

On Appeal from the 152nd District Court

Harris County, Texas

Trial Court Cause No. 03-10130

M E M O R A N D U M   O P I N I O N

This is an appeal from a a judgment signed February 26, 2004.  A timely motion for new trial was filed on March 29, 2004.  The notice of appeal was not filed until June 16, 2004.  On July 28, 2004, this Court issued a notice to appellant of our intent to dismiss for lack of jurisdiction unless appellant filed a response within 10 days showing this Court had jurisdiction.  On July 30, 2004, appellee filed a motion to dismiss, based on lack of jurisdiction.  Appellee also requested sanctions.  On August 4, 2004, appellant filed a motion to dismiss, asserting that he no longer desired to pursue the appeal.

Because appellant has chosen to dismiss the appeal voluntarily, we grant appellant=s motion and dismiss the appeal.  See Tex. R. App. P. 42.1.  Costs on appeal are assessed against appellant.  Having granted appellant=s motion to dismiss, we deny appellee=s motion to dismiss as moot and we also deny appellee=s request for sanctions.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 19, 2004.

Panel consists of Justices Anderson, Hudson, and Frost.