                            NUMBER 13-09-00385-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

          IN THE INTEREST OF K.G. and J.G., CHILDREN
_____________________________________________________________

              On appeal from the 284th District Court
                  of Montgomery County, Texas.
______________________________________________________________

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

      Appellant, Capone Gavarrete, perfected an appeal from a judgment entered by the

284th District Court of Montgomery County, Texas, in cause number 06-04-03247-CV.

Appellant has filed a motion to dismiss the appeal on grounds that he no longer desires to

prosecute the appeal. 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 motion to dismiss 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 20th day of August, 2009.




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