in the Matter of C.L.

Opinion

Opinion issued February 23, 2012.

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-08-00780-CV

———————————

IN THE MATTER OF C. L.

On Appeal from the County Court at Law No. 3

Fort Bend County, Texas

Trial Court Cause No. 11317B

MEMORANDUM OPINION

On May 11, 2009, we abated this appeal and ordered a hearing in the trial court.  Among the issues that the trial judge was to consider was whether appellant desired to prosecute the appeal.  The trial court conducted the hearing on May 28, 2009.  Appellant appeared at the hearing, along with his counsel and his guardian. A supplemental record of that hearing has been filed in this Court.  At the hearing, appellant stated on the record in open court that he wished to withdraw this appeal.

          We order the appeal reinstated.  Appellant has not filed a written motion to withdraw the appeal.  See Tex. R. App. P. 42.  However, given appellant’s desire, expressed on the record in open court, to forego pursuit of his appeal, we conclude that good cause exists to suspend the operation of Texas Rule of Appellate Procedure 42 in this case.  See Tex. R. App. P. 2.  We have not yet issued a decision.  Accordingly, we dismiss the appeal.

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

PER CURIAM

Panel consists of Justices Jennings, Massengale, and Huddle.