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ERNEST BOYD STACY, Appellant,

JUDITH GIRALDO STACY, Appellee.

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Memorandum Opinion Per Curiam

Appellant, ERNEST BOYD STACY, perfected an appeal from a judgment entered by the 28th District Court of Nueces County, Texas, in cause number 05-3937-A. After the record was filed, appellant filed a motion to dismiss the 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 dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 5th day of October, 2006.