1)ISMISS; Opinion Filed October 4, 2012.

In The (!nurt nf Appeth 3Fiftli litrirt of xzu tt Jatht No, 05-12-01 129-CV

IN RE: DAVID K. FAG IN INSURANCE TRUST

On Appeal from the Probate Court No. 3 Dallas County, Texas Trial Court Cause No. PR-05-526-3

MEMORANDUM OPINION Before Justices O’Neill, FitzGerald, and Lang-Miers Opinion By Justice Lang-Miers Appellants have informed the Court they no longer desire to pursue their appeal and move to dismiss it. We grant the motion and dismiss the appeal. See TEx. R. App. P. 42.I(a)(l).

A ‘I / I. / I / I 4

FJ/IZAqETH LANG-M1ERS JUSTlc4E / 129F.P05 nurt of Aiprtk .FiftIi itrirt of ixa at a11w JUDGMENT IN RE: DAVID K. FAGIN INSURANCE Appeal from the Probate Court No. 3 of TRUST Dallas County, Texas. (Tr.Ct.No. PR-05-526- 3).

No. 05-12-01 129-CV V. Opinion delivered by Justice Lang-Miers, Justices O’Neill and FitzGerald participating,

In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER that appellee David K. Fagin recover his costs of this appeal from appellants Kyle Fagin and Scott Fagin.

Judgment entered October 4. 2012.

lLIti\BE I’ll LANG-MIERS JUSTIC’I