NUMBER 13-05-036-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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JOSEPH C. HAWTHORN,                                                   Appellant,

v.

RUSSELL NEINAST, ET AL.,                                               Appellees.

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On appeal from the 21st District Court

of Washington County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion Per Curiam

         Appellant, JOSEPH C. HAWTHORN, perfected an appeal from a judgment entered by the 21st District Court of Washington County, Texas, in cause number 32040. After the notice of appeal was filed, appellant filed a motion to withdraw appeal. In the motion, appellant states that he 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 appeal, is of the opinion that the motion should be granted. Appellant’s motion to withdraw appeal is granted, and the appeal is hereby DISMISSED.

                                                               PER CURIAM

Memorandum Opinion delivered and filed this

the 10^th day of February, 2005.