NO. 07-07-0256-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A SEPTEMBER 28, 2007 ______________________________ AUCENCIO CASTRO ALVAREZ, APPELLANT V. CYNDIA ANN ALVAREZ, APPELLEE _________________________________ FROM THE 46TH DISTRICT COURT OF WILBARGER COUNTY; NO. 23,819; HONORABLE DAN MIKE BIRD, JUDGE _______________________________

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

ON MOTION TO DISMISS

Aucencio Castro Alvarez, appellant, has filed a motion to dismiss this appeal because a Motion for New Trial was granted by the trial court. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed.

TEX . R. APP. P. 42.1(a)(1). All costs of this appeal are assessed to the appellant. No motion for rehearing will be entertained and our mandate will issue forthwith.

Mackey K. Hancock Justice