COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § MARK ANTHONY LISTER AND No. 08-13-00251-CV BRIAN HOLK, § Appeal from Appellant, § 233rd District Court v. § of Tarrant County, Texas JENNIFER LOUISE LISTER, § (TC #233-498164-11) Appellee. §

MEMORANDUM OPINION Mark Anthony Lister and Brian Holk, Appellants, have filed a motion to dismiss this appeal pursuant to Tex.R.App.P. 42.1(a)(1) because they no longer wish to pursue the appeal.

Appellee does not oppose dismissal of the appeal. We grant the motion and dismiss the appeal.

The motion does not reflect that the parties have made any agreement regarding costs.

Accordingly, costs are taxed against Appellants. See TEX.R.APP.P. 42.1(d)(absent agreement of the parties, the court will tax costs against the appellant).

November 13, 2013 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.