NO. 12-13-00220-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JAY HARTSELL, § APPEAL FROM THE 392ND APPELLANT V. STAR HARBOR MARINA § JUDICIAL DISTRICT COURT DEVELOPMENT, LTD. AND P&W STAR HARBOR, LLC, A TEXAS LIMITED LIABILITY COMPANY, APPELLEES § HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal. In his motion, Appellant states that he has determined that the order he seeks to appeal is interlocutory and is not appealable.

Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered July 24, 2013.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JULY 24, 2013

NO. 12-13-00220-CV JAY HARTSELL, Appellant V. STAR HARBOR MARINA DEVELOPMENT, LTD. AND P&W STAR HARBOR, LLC, A TEXAS LIMITED LIABILITY COMPANY, Appellees

Appeal from the 392nd Judicial District Court of Henderson County, Texas. (Tr.Ct.No. 2012B-1006) THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion be granted and the appeal be dismissed, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.