                            NUMBER 13-08-00204-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

             IN THE INTEREST OF Z. H. S., A CHILD
_____________________________________________________________

             On Appeal from the 148th District Court
                    of Nueces County, Texas.
______________________________________________________________

                         MEMORANDUM OPINION

                   Before Justices Rodriguez, Garza, and Vela
                       Memorandum Opinion Per Curiam

      Appellant, the Office of the Attorney General of Texas, perfected an appeal from a

judgment entered by the 148th District Court of Nueces County, Texas, in cause number

07-4974-E. Appellant has filed a motion to dismiss the appeal on grounds that the mother

and custodial parent of Z.H.S., a child, does not want the Attorney General to prosecute

this appeal and wishes to terminate the Attorney General’s child support services.

Appellant requests that this Court dismiss the appeal.
       The Court, having considered the documents on file and appellant’s motion to

dismiss the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.

P. 42.1(a). Appellant’s amended motion to dismiss is granted, and the appeal is hereby

DISMISSED. No costs are to be assessed. An appellate court may not assess costs

against the Office of the Attorney General in a case in which the Attorney General is

providing services to establish paternity and support.      See TEX . FAM . CODE ANN . §

231.211(a)(Vernon 2002). 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 5th day of February, 2009.




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