NANCY RUTHERFORD v. MICHAEL RUTHERFORD (2010)

Court of Appeals of Texas, Houston (1st Dist.).

----------- NANCY D. RUTHERFORD, Appellant v. MICHAEL G. RUTHERFORD, Appellee

NO. 01-10-00582-CV

Decided: December 02, 2010

Panel consists of Justices Jennings, Alcala, and Sharp.

MEMORANDUM OPINION

Appellant, Nancy D. Rutherford, has filed a Notice to Withdraw Appeal, stating that she “no longer desires to proceed with the appeal [and] withdraws her appeal and will not be proceeding with the matter before this Court.” We construe appellant's notice as a motion to dismiss, complies with Texas Rules of Appellate Procedure. More than 10 days have elapsed since she has filed her motion, and no objection has been filed. See Tex.R.App. P. 10.3(a). No opinion has issued. Accordingly, we grant the motion, and dismiss the appeal. See Tex.R.App. P. 42.1(a)(1).

We overrule all other pending motions as moot, and direct the Clerk to issue mandate within 10 days of the date of this opinion. See Tex.R.App. P. 18.1.

PER CURIAM

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