The appellant, Aluxa Burndette Benn, filed a motion that asks to withdraw her notice of appeal. The appellant and her attorney of record both signed the motion to dismiss the appeal. See Tex. R. App. P. 42.2(a). The appellant filed the motion before we issued our opinion on appeal. Id. We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

____________________________

HOLLIS HORTON

Justice

Opinion Delivered November 12, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.