Chief Justice Clerk James T. Worthen Cathy S. Lusk Twelfth Court of Appeals Justices Chief Staff Attorney Sam Griffith Margaret Hussey Diane DeVasto

Wednesday, December 07, 2005

Mr. James W. Volberding Mr. Michael J. West One American Center Assistant District Attorney ESE Loop 323 4th Floor, Courthouse Suite 700 100 North Broadway Tyler, TX 75701 Tyler, TX 75702 RE: Case Number: 12-04-00251-CV Trial Court Case Number: 02-3596-D

Style: In the Interest of L. S. B. and K. H., children

Enclosed is a copy of the Memorandum Opinion issued this date in the above styled and numbered cause. Also enclosed is a copy of the court's judgment.

Very truly yours, CATHY S. LUSK, CLERK

By: KtijUJIA. Mflfk Katrina McClenny, Chief Deputy Depirft (Clerk CC: Judge Carole W. Clark Hon. John Ovard Ms. Lois Rogers

1517 West Front Street • Suite 354 • Tyler, TX 75702 • Tel: 903-593-8471 • Fax: 903-593-2193 Serving Anderson, Angelina, Cherokee, Gregg, Henderson, Houston, Nacogdoches, Rains, Rusk, Sabine, San Augustine, Shelby, Smith, Trinity, Upshur, Van Zandt and Wood Counties www.12thcoa.courts.state.tx.us NO. 12-04-00251-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS § APPEAL FROM THE 321ST IN THE INTEREST OF L.S.B. AND K.H., § JUDICIAL DISTRICT COURT OF CHILDREN

§ SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. Also included in the motion to dismiss is counsel's motion to withdraw and a motion for cancellation of oral argument. Because Appellant met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), all motions are granted, and the appeal is dismissed.

Opinion delivered December 7, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT

DECEMBER 7, 2005

NO. 12-04-00251-CV

IN THE INTEREST OF L.S.B. AND K.H., CHILDREN

Appeal from the 321st Judicial District Court ' of Smith County, Texas. (Tr.Ct.No. 02-3596-D) THIS CAUSE came to be heard on the appellate record and the Appellant's motion to dismiss the appeal herein, counsel's motion to withdraw and motion for cancellation of oral argument, and the Court having heard and fully considered said motion is of the opinion the same should be Granted.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that this appeal be, and the same is, Hereby Dismissed and that all costs ofthis appeal be, and the same are, adjudged against the Appellant, Amanda Hayes, for which execution may issue, and that this decision be certified to the trial court below for observance.

Byper curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.