COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

            Pending before the Court is Appellant’s motion to dismiss the appeal pursuant to Tex.R.App.P. 42.1(a)(1) because Appellant no longer desires to prosecute the appeal. Appellee does not oppose dismissal. We grant the motion and dismiss the appeal. Costs are taxed against Appellant. See Tex.R.App.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

October 19, 2006                                                        

                                                                                    ANN CRAWFORD McCLURE, Justice

Before McClure, J., Chew, J., and Barajas, C.J. (Ret.)

Barajas, C.J. (Ret.), sitting by assignment