COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § MICHAEL EBERLE, No. 08-12-00354-CV § Appellant, Appeal from § v. 112th District Court § KEVIN PINNEY, of Pecos County, Texas § Appellee. (TC # DC-02-74) §

JUDGMENT The Court has considered this cause on Appellant=s motion to dismiss and concludes the motion should be granted and the appeal should be dismissed, in accordance with the opinion of this Court. We therefore dismiss the appeal. We further order that because Appellant is indigent, no order regarding costs is made. We further order that this decision be certified below for observance.

IT IS SO ORDERED THIS 30TH DAY OF APRIL, 2013.

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