In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-12-00436-CV _________________ DANNY RAY MARIONEAUX, Appellant V. JONAH JARRETT RIVERA AND LESLIE D. COOK, INDIVIDUALLY AND D/B/A COOK’S NURSERY, Appellees

On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-179,132

MEMORANDUM OPINION The appellant, Danny Ray Marioneaux, filed a motion to dismiss this appeal. The motion is voluntarily made by the appellant prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed notice of appeal. We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice Opinion Delivered October 18, 2012 Before McKeithen, C.J., Kreger and Horton, JJ.