                              NUMBER 13-09-00322-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

              IN THE INTEREST OF C. A. B., A CHILD
_____________________________________________________________

  On appeal from the 105th District Court of Nueces County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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

       Appellant, Nicholas C. Newman, perfected an appeal from a judgment entered by

the 105th District Court of Nueces County, Texas, in cause number 05-3155-D. Appellant

has filed a notice of withdrawal of appeal on grounds that he filed a motion for new trial

which was granted by the trial court. Appellant states that as a result of the granting of the

motion for new trial, he withdraws his notice of appeal.

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

withdraw the appeal, is of the opinion that the motion should be granted. See TEX . R. APP.
P. 42.1(a). Appellant’s motion to withdraw the appeal 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 6th day of August, 2009.




                                             2
