in the Matter of the Estate of Elisa R. Cantu















MEMORANDUM OPINION





No. 04-09-00345-CV

In the Matter of the ESTATE OF Elisa R. CANTU, Deceased,

From the Probate Court No. 1, Bexar County, Texas

Trial Court No. 1999-PC-0683

Honorable Polly Jackson Spencer, Judge Presiding

PER CURIAM



Sitting: Catherine Stone, Chief Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice



Delivered and Filed: July 29, 2009



MOTION TO WITHDRAW APPEAL GRANTED AND APPEAL DISMISSED

On June 17, 2009, we issued a show cause order in this appeal requiring appellant to show cause why the appeal should not be dismissed for lack of jurisdiction; it appeared the trial court's judgment did not dispose of all the issues in the case. In response, appellant filed a motion to withdraw the appeal, stating the trial court's judgment was not a final judgment for purposes of appeal. We therefore grant appellant's motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). We order all costs assessed against appellant. See Tex. R. App. P. 42.1(d)(absent agreement of the parties, costs are taxed against appellant).

PER CURIAM