COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ SERGIO MARTIN CARDENAS, No. 08-11-00070-CV § Appellant, Appeal from the § v. 383rd Judicial District Court § of El Paso County, Texas DORA LUZ CARDENAS, § (TC# 2008CM210) Appellee. §

MEMORANDUM OPINION Pending before the Court is Appellant’s motion to non-suit notice of appeal, which we construe as a motion to dismiss. The motion is granted, and this appeal is dismissed. See TEX .R.APP .P. 42.1(a)(1). Costs of appeal are assessed against Appellant. See TEX .R.APP .P. 42.1(d).

June 29, 2011 DAVID WELLINGTON CHEW, Chief Justice Before Chew, C.J., McClure, and Rivera, JJ.