PER CURIAM In November 2006, the district court determined that appellant Melvin Park is not indigent and denied his request for a free record and appointed counsel. On January 12, 2007, this Court received a "motion to abandon case" signed by Park's attorney. If this was intended as a motion to withdraw the notice of appeal, it did not comply with the appellate rules because it was not signed by Park. See Tex. R. App. P. 42.2.

Park's counsel, David K. Sergi, is ordered to tender a brief on Park's behalf for filing in this cause no later than April 6, 2007. This order will be withdrawn if a proper motion to withdraw notice of appeal is filed before that date.

It is ordered March 9, 2007.

Before Justices Patterson, Pemberton and Waldrop

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