NUMBER 13-05-184-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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BODINE-SCOTT AIR CONDITIONING COMPANY,                  Appellant,

v.

WILLIAM B. MILLER AND MAUREEN MILLER,                      Appellees.

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On appeal from the 148th District Court

of Nueces County, Texas.

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MEMORANDUM OPINION

Before Justices Rodriguez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, BODINE-SCOTT AIR CONDITIONING COMPANY, attempted to perfect an appeal from a judgment entered by the 148th District Court of Nueces County, Texas, in cause number 04-6352-E. After the notice of appeal was filed, appellant filed a motion to withdraw notice of appeal. In the motion, appellant states that this case has been resolved and appellant no longer wishes to prosecute this appeal. Appellant requests that this Court dismiss the appeal.

         The Court, having considered the documents on file and appellant’s motion to withdraw notice of appeal, is of the opinion that the motion should be granted. Appellant’s motion to withdraw notice of appeal is granted, and the appeal is hereby DISMISSED.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 14th day of April, 2005.