                                  NO. 07-04-0026-CV

                            IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                    AT AMARILLO

                                       PANEL D

                                    MARCH 4, 2004

                         ______________________________

                      IN THE INTEREST OF S.M.L.D., A CHILD

                       _________________________________

            FROM THE 320TH DISTRICT COURT OF POTTER COUNTY;

                NO. 66,038-D; HONORABLE DON EMERSON, JUDGE

                        _______________________________

Before QUINN and REAVIS and CAMPBELL, JJ.


                              MEMORANDUM OPINION


      Appellant Dwayne Lynn Dale filed a Motion to Dismiss on February 26, 2004.


      No decision of this Court having been delivered to date, we grant the motion.

Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our

mandate will issue forthwith. Tex. R. App. P. 42.1. All costs are assessed to appellant.




                                               James T. Campbell
                                                   Justice
