COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § SMITHCO CONSTRUCTION, INC., No. 08-13-00191-CV § Appellant, Appeal from the § 394th District Court v. § of Presidio County, Texas TIERRA MINING MATERIALS, LLC, § (TC# 7350) Appellee. §

MEMORANDUM OPINION Appellant, Smithco Construction, Inc., has filed a motion to dismiss its appeal pursuant to TEX.R.APP.P. 42.1(a)(1) which permits an appeal to be dismissed on the motion of the appellant.

Appellee does not oppose the motion. We grant the motion, deny as moot the court reporter’s request for an extension of time to file the reporter’s record, and dismiss the appeal.

GUADALUPE RIVERA, Justice October 23, 2013 Before McClure, C.J., Rivera, and Rodriguez, JJ.