Julius Maloy, II, appellant, has filed with this Court a motion to dismiss his appeal. The motion is signed by Maloy and by his counsel in compliance with Tex. R. App. P. 42.2(a). As authorized by Rule 42.2, we grant the motion. See Tex. R. App. P. 42.2.

Accordingly, we dismiss the appeal.

Jack Carter

Justice

Date Submitted: January 5, 2009

Date Decided: January 6, 2009

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eed to protect the parties' rights, we are also aware that further delay in disposing of this appeal is pointless, since the appellant has entirely failed to provide a record. See Rodriguez v. State, 970 S.W.2d 133 (Tex. App.-Amarillo 1998, pet. ref'd).

The appeal is dismissed.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 4, 2002

Date Decided: September 5, 2002

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