DISMISS and Opinion Filed November 12, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00676-CV ERIC DRAKE, Appellant V. WENDEL WITHROW, YU-LAN MARTIN, AND ASM, Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 12-03942 MEMORANDUM OPINION Before Justices Evans, Lewis, and Brown Opinion by Justice Evans Before the Court is appellant’s motion to withdraw the appeal. Appellant has informed the Court that he no longer wishes to pursue the appeal. Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/David Evans/ DAVID EVANS 130676F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC DRAKE, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas.

No. 05-13-00676-CV V. Trial Court Cause No. 12-03942.

Opinion delivered by Justice Evans.

WENDEL WITHROW, YU-LAN Justices Lewis and Brown, participating.

MARTIN, AND ASM, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellees, WENDEL WITHROW, YU-LAN MARTIN, AND ASM, recover their costs of this appeal from appellant, ERIC DRAKE.

Judgment entered this 12th day of November, 2013.

/David Evans/ DAVID EVANS JUSTICE

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