NO. 12-12-00434-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ALBERT HAMBRICK, JR., § APPEAL FROM THE 392ND APPELLANT V. § JUDICIAL DISTRICT COURT KEVIN KELLEY, APPELLEE § HENDERSON COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal. In the motion, Appellant states that he no longer wishes to pursue the appeal, and requests that the appeal be dismissed with prejudice. 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 with prejudice.

Opinion delivered July 3, 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 3, 2013

NO. 12-12-00434-CV ALBERT HAMBRICK, JR., Appellant V. KEVIN KELLEY, Appellee

Appeal from the 392nd Judicial District Court of Henderson County, Texas. (Tr.Ct.No. 2010B-0701)

THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal with prejudice 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 with prejudice, 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.