Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Pending before this Court is appellant's motion to dismiss his appeal. Appellant and his attorney both have signed the document stating that appellant withdraws his appeal. Tex. R. App. P. 42.2(a). 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.

Mackey K. Hancock

Justice

Do not publish.

the compliance, and if not, a reasonable explanation for non-compliance. She was informed that failure to comply with the court's directive might result in dismissal. After appellant failed to respond, a second letter was sent on September 30, 2004, informing appellant that failure to comply by October 11, 2004, would result in dismissal of the appeal.

On October 12, 2004, this court received appellant's response, but the response does not include the information appellant was directed to provide. Because appellant has failed to provide proof that she has paid for the reporter's record or made satisfactory arrangements for the payment of the record as directed by the court, we dismiss the appeal pursuant to Texas Rule of Appellate Procedure 42.3(b) and 42.3(c).

Per Curiam

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