TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00654-CV

Melvin Wells, Appellant v. Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 391ST JUDICIAL DISTRICT NO. D-05-0038-CPS, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING

MEMORANDUM OPINION

After Melvin Wells filed his notice of appeal, the trial court determined that his appeal was frivolous. Wells did not appeal the finding that his appeal was frivolous. See Tex. Fam.

Code Ann. § 263.405(g) (West Supp. 2006). He now informs this Court that he will not pursue this appeal. We dismiss this appeal on appellant’s motion.

G. Alan Waldrop, Justice Before Justices Patterson, Pemberton, and Waldrop Dismissed on Appellant’s Motion Filed: January 26, 2007