in the Interest of C. A. B., a Child

• Court: Court of Appeals of Texas
• Decided: August 6, 2009
• Docket: 13-09-00322-CV
• Status: Published

Opinion

NUMBER 13-09-00322-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

IN THE INTEREST OF C. A. B., A CHILD _____________________________________________________________

On appeal from the 105th District Court of Nueces County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam

Appellant, Nicholas C. Newman, perfected an appeal from a judgment entered by

the 105th District Court of Nueces County, Texas, in cause number 05-3155-D. Appellant

has filed a notice of withdrawal of appeal on grounds that he filed a motion for new trial

which was granted by the trial court. Appellant states that as a result of the granting of the

motion for new trial, he withdraws his notice of appeal.

The Court, having considered the documents on file and appellant’s motion to

withdraw the appeal, is of the opinion that the motion should be granted. See TEX . R. APP. P. 42.1(a). Appellant’s motion to withdraw the appeal is granted, and the appeal is hereby

DISMISSED. Costs will be taxed against appellant. See TEX . R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant."). Having dismissed

the appeal at appellant’s request, no motion for rehearing will be entertained, and our

mandate will issue forthwith.

PER CURIAM

Memorandum Opinion delivered and filed this the 6th day of August, 2009.