Opinion filed October 4, 2012

In The Eleventh Court of Appeals __________ No. 11-12-00197-CV __________ RICHARD A. WAGNER, Appellant V. COMMISSION FOR LAWYER DISCIPLINE, Appellee

On Appeal from the 433rd District Court Comal County, Texas Trial Court Cause No. C-2011-0183D

MEMORANDUM OPINION Richard A. Wagner is the appellant in this appeal. He has filed a motion to dismiss the appeal pursuant to TEX. R. APP. P. 42.1(a)(1). Therefore, in accordance with appellant’s request, we dismiss the appeal.

The motion to dismiss is granted, and the appeal is dismissed.

October 4, 2012 PER CURIAM Panel1 consists of: Wright, C.J., McCall, J., and Hill.2 Eric Kalenak, Justice, resigned effective September 3, 2012. The justice position is vacant pending appointment of a successor by the governor or until the next general election.

John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.