COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JAIME PORTILLO, ' No. 08-12-00079-CV Appellant, ' Appeal from the v. ' 120th District Court JACK MILLIS AND STEPHAN W. ' SAMPLE, of El Paso County, Texas ' Appellees. ' (TC# 2009-262)

MEMORANDUM OPINION Pending before the Court is Appellant’s motion to dismiss this appeal pursuant to TEX. R. APP. P. 42.1(a)(1) because Appellant no longer desires to prosecute the appeal. We grant the motion and dismiss the appeal with prejudice. Costs are assessed against the Appellant. See TEX. R. APP. P. 42.1(d).

GUADALUPE RIVERA, Justice October 31, 2012 Before McClure, C.J., Rivera, J., and Antcliff, J.