In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-12-0295-CV ________________________ Leoncito Plant, L.L.C., Appellant v. Susan Combs, Comptroller of Public Accounts and Greg Abbott, Attorney General of the State of Texas, Appellees

On Appeal from the 126[th] District Court Travis County, Texas Trial Court No. D-1-GN-11-001116, Honorable Stephen Yelenosky, Presiding

April 10, 2013 MEMORANDUM OPINION Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

Appellant has filed a motion to dismiss. Without passing on the merits of the case, we grant the motion pursuant to Texas Rule of Appellate Procedure 42.1(a)(1) and dismiss the appeal. Having dismissed the appeal at appellants request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

Per Curiam