Motion Granted; Dismissed and Memorandum Opinion filed December 4, 2012.

In The Fourteenth Court of Appeals NO. 14-12-01045-CV HARRIS COUNTY, TEXAS, Appellant V. RUFUS CHERRY, Appellee

On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2010-09746

MEMORANDUM OPINION This is an appeal from an interlocutory order signed November 2, 2012. On November 26, 2012, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Seymore, Boyce, and McCally.