
NO. 07-01-0280-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL C



AUGUST 1, 2001

______________________________



J.Y. JR. (J.T.) McADAMS AND ANNIE McADAMS,



Appellant



v.



IMA McADAMS, INDIVIDUALLY AND AS EXECUTRIX OF THE 

ESTATE OF J.Y. McADAMS, DECEASED AND 

BARBARA MCADAMS BILLUPS, 



Appellees

_________________________________



FROM THE 69
TH
 DISTRICT COURT OF MOORE COUNTY;



NO. 3739H; HON. RON ENNS, PRESIDING



_______________________________



Order on Notice to Withdraw Notice of Appeal

________________________________



Before QUINN, REAVIS and JOHNSON, JJ.

Before this court pends the motion by J.Y. Jr. (J.T.) McAdams (McAdams) to withdraw his notice of appeal, which notice was filed on July 11, 2001.  He so moved because he believed the notice was premature, but expressly reserves the opportunity to file another notice within the time permitted by law.
(footnote: 1)   Construing the notice as a motion to dismiss without prejudice, we grant same.  Accordingly, it is ordered that the appeal be dismissed without prejudice to anyone filing a later, timely notice of appeal.  Having dismissed the appeal at the personal request of McAdams, no motion for rehearing will be entertained, and mandate shall issue forthwith. 

 

                                         				Per Curiam. 

Do not publish. 

FOOTNOTES
1:See 
Tex. R. App. Proc
.
 27.1(a) (stating that a prematurely filed notice of appeal is effective and deemed filed on the day of, but after, the event that begins the period for perfecting the appeal).


