TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-07-00499-CV

Jose Fernandez Galan Palau, Appellant v. Flor De Maria Navarro Sanchez, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT NO. D-1-FM-06-002234, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant has filed a motion to dismiss his appeal, stating that the trial court’s later ruling rendered the appeal moot. Appellee, who earlier filed a motion seeking to have the appeal dismissed for want of jurisdiction, has filed a motion opposing the dismissal of the appeal until we assess sanctions against appellant. We overrule appellee’s motion for sanctions, but will assess all costs on appeal against appellant. We grant appellant’s motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(2). We further grant Susan Norman’s emergency motion to withdraw as appellant’s counsel, leaving appellant’s additional retained attorney, Andres P. Chaumont, as counsel.

___________________________________________ David Puryear, Justice Before Justices Patterson, Puryear and Pemberton Dismissed on Appellant’s Motion Filed: November 16, 2007