NO. 07-08-0349-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D NOVEMBER 20, 2008 ______________________________

IN THE INTEREST OF S.M.D., N.F.D., AND I.F.D., CHILDREN _________________________________ FROM THE COUNTY COURT AT LAW NO. 2 OF POTTER COUNTY; NO. 70,274-2; HON. PAMELA COOK SIRMON, PRESIDING _______________________________ Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ON MOTION TO DISMISS

Pending before the Court is a motion, signed by counsel for appellants Corina Delgado and Federico Delgado, Jr., indicating both appellants desire to withdraw their notice of appeal and dismiss the appeal pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure. No decision of this Court having been delivered to date in the appeal and finding the motion complies with the requirements of Rule 42.1(a), we dismiss the appeal. Further, the Court will tax costs against appellants. Tex. R. App. P. 42.1(d).

Having disposed of this appeal at the appellants’ request, we will not entertain a motion for rehearing and our mandate shall issue forthwith.

James T. Campbell Justice