                           NUMBER 13-08-00227-CV

                           COURT OF APPEALS

                 THIRTEENTH DISTRICT OF TEXAS

                    CORPUS CHRISTI - EDINBURG
______________________________________________________________

TEXAS YOUTH COMMISSION, EVINS
REGIONAL JUVENILE CENTER,
                                                                          Appellant,

                                          v.

EDUARDO R. ESTRADA,                                 Appellee.
_____________________________________________________________

             On appeal from the 206th District Court
                    of Hidalgo County, Texas.
______________________________________________________________

                        MEMORANDUM OPINION

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

      Appellant, Texas Youth Commission, Evins Regional Juvenile Center, perfected an

appeal from a judgment entered by the 206th District Court of Hidalgo County, Texas, in

cause number C-542-07-D. Appellant has filed an opposed motion to dismiss its appeal.
More than ten days have passed, and appellee has not filed a response to the motion to

dismiss. See TEX . R. APP. P. 10.3 (a).

      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). Based on our review of the record, dismissal of the appeal would not prevent

a party from seeking relief to which it would otherwise be entitled. See id. 42.1(a)(1).

Accordingly, appellant’s motion to dismiss is granted, and the appeal is hereby

DISMISSED.      Pending motions, if any, are likewise DISMISSED. Costs will be taxed

against appellant. See id. 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 12th day of June, 2008.




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