Opinion issued September 6, 2012

In The Court of Appeals For The First District of Texas ———————————— NO. 01-10-01131-CV ——————————— HUNG TAN PHAN, Appellant V. TAN MINH CAO AND THUY DINH TRUONG, Appellees

On Appeal from the 125th District Court Harris County, Texas Trial Court Case No. 2010-07135

MEMORANDUM OPINION Appellant has notified this Court that “The appeal docketed in Cause Number 01-10-01131-CV is unnecessary. . . . Therefore, the appeal docketed under Cause No. 01-10-01131-CV may be dismissed.” We interpret appellant’s statement as a motion to dismiss the appeal. No opinion has issued. Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See TEX. R. APP. P. 18.1.

PER CURIAM Panel consists of Justices Higley, Sharp, and Huddle.