Motion Granted; Appeal Dismissed and Memorandum Opinion filed January 24, 2013.

In The Fourteenth Court of Appeals NO. 14-13-00029-CV DEREK SIMON AND AMANDA COMEAUX, Appellant V. CHANDRA PHU, Appellee On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2010-59581 MEMORANDUM OPINION

This is an appeal from a judgment signed October 15, 2012. On January 16, 2013, appellants filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1.

The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Frost, Brown, and Busby.