NO. 12-08-00049-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ARBIE DEAN CHOICE,     §                      APPEAL FROM THE 321ST

APPELLANT

V.        §                      JUDICIAL DISTRICT COURT OF

ALTHEA LACY CHOICE,

APPELLEE   §                      SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Arbie Dean Choice has filed a motion to dismiss this appeal.  In his motion, Choice states that he does not wish to pursue this appeal.  Because Choice 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 March 26, 2008.

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

(PUBLISH)