Opinion issued July 3, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-06-00722-CV

____________

DAVID JOHN SMITH, Appellant

V.

PENNY MORRIS SMITH, Appellee

On Appeal from the 311th District Court

Harris County, Texas

Trial Court Cause No. 2001-27794

MEMORANDUM OPINION

          Appellant has filed a motion to dismiss his appeal. More than 10 days have elapsed, and no objection has been filed. No opinion has issued. Accordingly, the motion is granted, and the appeal is dismissed. Tex. R. App. P. 42.1(a)(1).

          All other pending motions in this appeal are overruled as moot. The Clerk is directed to issue mandate within 10 days of the date of this opinion. Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Hanks and Higley.