David Rodriguez v. the Malaise Law Firm, Individually, Stephen Cennamo,...

MEMORANDUM OPINION

No. 04-12-00596-CV

David RODRIGUEZ,

Appellant v.

THE MALAISE LAW FIRM, Individually, Stephen Cennamo, Individually and as Employee of The Malaise Law Firm, and John Amos Longoria, Sr., Individually, Appellees

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-11758 Honorable Victor Hugo Negron Jr., Judge Presiding PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: October 31, 2012

DISMISSED

Pro se appellant David Rodriguez filed a notice of appeal and an affidavit of indigence with this court. On September 28, 2012, we abated this appeal to the trial court to allow a contest to appellant’s affidavit of indigence. See TEX. R. APP. P. 20.1; Higgins v. Randall Cnty. Sheriff’s Office, 257 S.W.3d 684, 688 (Tex. 2008). On October 19, 2012, appellant filed a motion to dismiss the appeal; the motion included a certificate of service on appellees. To date, appellees have not filed any objection to appellant’s motion.

Therefore, we withdraw our September 28, 2012 order abating this appeal. We reinstate this appeal on this court’s docket, grant appellant’s motion, and dismiss this appeal. See TEX. R. APP. P. 42.1(a)(1). Costs of this appeal are taxed against appellant. See id. R. 42.1(d).

PER CURIAM