NO. 12-07-00204-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICKEY J. HUGHES,         §          APPEAL FROM THE

APPELLANT

V.        §          COUNTY COURT AT LAW OF

AMIE HUGHES AND IN THE

BEST INTEREST OF D.S.H.,         §          CHEROKEE COUNTY, TEXAS

A MINOR CHILD

MEMORANDUM OPINION

PER CURIAM

            Appellant Mickey J. Hughes has filed a motion to abate or withdraw his notice of appeal.  Along with his motion, he has furnished proof that a new trial has been granted by the trial court in the underlying divorce action.  A copy of the motion has been sent to Appellee.  Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered June 20, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)