                              NO. 07-12-00399-CV
                                       
                            IN THE COURT OF APPEALS
                                       
                       FOR THE SEVENTH DISTRICT OF TEXAS
                                       
                                  AT AMARILLO
                                       
                                    PANEL B
                                       
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SEPTEMBER 27, 2012
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                         ELISEO CERDA, SR., APPELLANT
                                       
                                      v.
                                       
                          OFELIA D. GARCIA, APPELLEE 
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                FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY;
                                       
               NO. 096-246065-10; HONORABLE R. H. WALLACE, JUDGE
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Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.


                             ON MOTION TO DISMISS
                                       
	Appellant, Ofelia D. Garcia, filed a notice of appeal from the trial court's March 29, 2012 Judgment.  Eliseo Cerda, Sr., then filed a notice of cross-appeal.  By order, this Court severed Cerda's cross-appeal from cause number 07-12-00168-CV, into the present cause.
On September 17, 2012, Cerda filed a motion to dismiss his cross-appeal.  No decision of this Court having been delivered to date, we grant the motion.  Accordingly, Cerda's cross-appeal is dismissed.  See Tex. R. App. P. 42.1(a)(1).  As there was no contrary agreement of the parties included in Cerda's motion, all costs related to this cross-appeal are assessed against Cerda.  See Tex. R. App. P. 42.1(d).  If dismissal will prevent cross-appellee from seeking relief to which she would otherwise be entitled, the Court directs cross-appellee to file a timely motion for rehearing.  No motion for rehearing from cross-appellant will be entertained.


								Per Curiam

