COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § JAMES ELBAOR, M.D., No. 08-09-00312-CV § Appellant, Appeal from the § v. 327th District Court § CHELSEA B. ROGERS, of El Paso County, Texas § Appellee. (TC# 2003-3672) § MEMORANDUM OPINION Pending before the Court is Appellant’s unopposed motion for voluntary dismissal of this appeal. See TEX . R. APP . P. 42.1(a)(1). The motion is granted, and this appeal is dismissed. Costs of appeal are assessed against Appellant. See TEX . R. APP . P. 42.1(d).

GUADALUPE RIVERA, Justice December 8, 2010 Before Chew, C.J., McClure, and Rivera, JJ.

Chew, C.J., not participating