Opinion issued December 2, 2010

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00582-CV

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NANCY D. RUTHERFORD, Appellant

V.

MICHAEL G. RUTHERFORD, Appellee

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 2007-20734

MEMORANDUM OPINION

Appellant, Nancy D. Rutherford, has filed a Notice to Withdraw Appeal, stating that she “no longer desires to proceed with the appeal [and] withdraws her appeal and will not be proceeding with the matter before this Court.”  We construe appellant’s notice as a motion to dismiss, complies with Texas Rules of Appellate Procedure.  More than 10 days have elapsed since she has filed her motion, and no objection has been filed.  See Tex. R. App. P. 10.3(a).  No opinion has issued.  Accordingly, we grant the motion, and dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1).

We overrule all other pending motions as moot, and direct the Clerk to issue mandate within 10 days of the date of this opinion.  See Tex. R. App. P. 18.1.

PER CURIAM

Panel consists of Justices Jennings, Alcala, and Sharp.