February 28, 2013

JUDGMENT The Fourteenth Court of Appeals KENNETH BONIABY, Appellant NO. 14-12-00978-CV V. SOUTHWESTERN BELL TELEPHONE COMPANY D/B/A AT&T TEXAS AND BRIAN SCHAEFER, Appellees ________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on July 23, 2012. Having considered the motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by appellant, Kenneth Boniaby.

We further order this decision certified below for observance.