TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00281-CV

David Allen Nielsen, Appellant v. Kristina Kay Nielsen, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 227,903-B, HONORABLE RICK MORRIS, JUDGE PRESIDING

MEMORANDUM OPINION

By letter of July 15, 2008, appellant David Allen Nielsen has stated that he wishes to withdraw his notice of appeal; this is his “first and foremost request.” We will deem this request an appellant’s motion to dismiss, grant the motion, “withdraw” the notice of appeal, and dismiss the appeal. See Tex. R. App. P. 42.1(a). (There appears to have been a misunderstanding in earlier correspondence—the Court was requesting certain information and informing appellant that if we did not receive the information, we would have to dismiss his appeal; we were not refusing to dismiss his appeal.)

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices Puryear and Pemberton Dismissed on Appellant’s Motion Filed: August 1, 2008