COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
TEXAS DEPARTMENT OF FAMILY AND )
PROTECTIVE SERVICES, ) No. 08-04-00340-CV
)
Appellant, ) Appeal from the
)
v. ) 65th District Court
)
JOSE CHACON, ) of El Paso County, Texas
)
Appellee. ) (TC# 2003CM3424)
)
MEMORANDUM OPINION
Pending before the Court is Appellant=s motion to dismiss appeal and withdraw the notice of appeal. See Tex.R.App.P. 42.1(a)(1). Appellant gave notice of its intent to appeal a final judgment entered by the 65th Judicial District Court of El Paso County, Texas, in cause number 2003CM3424. In its motion, Appellant states a final order had not been rendered by the trial court and therefore, its notice of appeal was prematurely filed. The Court has considered this cause on the Appellant=s motion and concludes the motion should be granted and the appeal should be dismissed. The appeal is hereby dismissed.
December 30, 2004
DAVID WELLINGTON CHEW, Justice
Before Panel No. 2
Barajas, C.J., McClure, and Chew, JJ.