Grant of motion for new trial makes appeal unnecessary

Ciro Rivera v. Texas Department of Family and Protective Services (Tex. DFPS), No. (Tex.App.- Austin, Sep. 18, 2007)(Opinion by Justice Patterson)(DFPS suit)(Before Justices Patterson, Puryear and Pemberton)
Appeal from 22nd District Court of Caldwell County

FROM THE DISTRICT COURT OF CALDWELL COUNTY, 22ND JUDICIAL DISTRICT
NO. 06-FL-118, HONORABLE KARIN E. BONICORO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Ciro Rivera has informed the Court that he no longer wishes to pursue the instant appeal because his motion for new trial was granted, and he has filed a motion to dismiss. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a).
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Dismissed on Appellant's Motion
Filed: September 18, 2007