Dismissed and Memorandum Opinion filed January 29, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-08-00893-CV

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IN THE MATTER OF THE MARRIAGE OF T.F.D. and J.R.D.

On Appeal from the 310th District Court

Harris County, Texas

Trial Court Cause No. 2005-50671

M E M O R A N D U M   O P I N I O N

On June 18, 2008, the trial court signed a final judgment.  Motion for new trial was filed on June 27, 2008.  On September 18, 2008, appellant filed a notice of appeal. 

On January 7, 2009, appellant filed an unopposed motion to dismiss, advising this court that the trial court signed a corrected agreed judgment on September 9, 2008, and then vacated this judgment on December 10, 2008.  Appellant has attached a certified copy of the trial court=s December 10th order.  Accordingly, appellant filed a motion, asking that we dismiss this appeal because there is no longer a final, appealable judgment.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Justices Yates, Guzman, and Sullivan.