                            NUMBER 13-08-000017-CV

                             COURT OF APPEALS

                  THIRTEENTH DISTRICT OF TEXAS

                     CORPUS CHRISTI - EDINBURG
______________________________________________________________

DANIEL TIMMS,                                                              Appellant,

                                          v.

J & C ADVENTURES, INC. D/B/A ALL
SEASONS POOLS, SPAS, AND PATIOS,                                            Appellee.

_____________________________________________________________

 On appeal from the 172nd District Court of Jefferson County, Texas.
______________________________________________________________

                          MEMORANDUM OPINION

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

       Appellant, Daniel Timms, perfected an appeal from a judgment entered by the

172nd District Court of Jefferson County, Texas, in cause number E-175,341. Appellant

has filed an unopposed motion to dismiss the appeal on grounds that he no longer desires

to pursue his right to appeal.
       The Court, having considered the documents on file and appellant’s unopposed

motion to dismiss the appeal, is of the opinion that the motion should be granted. See TEX .

R. APP. P. 42.1(a). Appellant’s motion to dismiss 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 26th day of June, 2008.




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