                          NUMBER 13-08-00026-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
_______________________________________________________

       IN THE INTEREST OF I.E. AND A.M.V., CHILDREN
_______________________________________________________

        On Appeal from the County Court at Law No. 5
                 of Nueces County, Texas.
_______________________________________________________

                        MEMORANDUM OPINION

       Before Chief Justice Valdez and Justices Rodriguez and Garza
                     Memorandum Opinion Per Curiam

      Appellant, Timothy Austin Friscia, perfected an appeal from a judgment and order

denying venue entered by the County Court at Law No. 5 of Nueces County, Texas, in

cause number 07-61208-5. Appellant has filed a motion to withdraw his notice of appeal

on grounds that he no longer desires to pursue his appeal.

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

withdraw his notice of appeal, is of the opinion that the motion should be granted. See

TEX . R. APP. P. 42.1(a). Appellant’s motion is GRANTED, and the appeal is hereby
DISMISSED. Costs are 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 March, 2008.




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