                            NUMBER 13-16-00085-CV

                            COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
____________________________________________________________

MARLIN LOVETT-TATE,                                                         Appellant,

                                            v.

GEORGINA LOVETT-TATE,                               Appellee.
____________________________________________________________

             On appeal from the 444th District Court
                  of Cameron County, Texas.
____________________________________________________________

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

      Appellant, Marlin Lovett-Tate, filed an appeal from a judgment entered by the 444th

District Court of Cameron County, Texas, in cause number 2015-DCL-3438. Appellant

has filed a motion to withdraw the appeal on grounds that counsel is in the process of

agreeing upon a substitute decree to be signed by the trial court. Appellant requests that

this Court withdraw 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 is GRANTED, and the appeal is hereby

DISMISSED.      Accordingly, appellant’s motion for an extension of one day to file a

verification of his “Father’s Special Verified Motion for New Trial,” previously carried with

the case, is DISMISSED AS MOOT.

       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

Delivered and filed the
12th day of January, 2017.




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