COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS READYONE INDUSTRIES, INC., § No. 08-12-00366-CV Appellant, § Appeal from the v. § 171st Judicial District Court JOEL ANTONIO FLORES, § of El Paso County, Texas Appellee. § (TC# 2012-DCV-03074) MEMORANDUM OPINION Pending before the Court is Appellant’s motion to dismiss this appeal pursuant to TEX.R.APP.P. 42.1(a)(1). Appellant represents that this Court has ruled there is no interlocutory appellate jurisdiction under Section 51.016 of the Texas Civil Practice and Remedies Code. See TEX.CIV.PRAC.&REM.CODE ANN. § 51.016 (West Supp. 2012). Appellant requests this Court enter an order dismissing the appeal. Appellee does not oppose the motion, and there is no indication that dismissal would prevent Appellee from seeking the relief to which it would otherwise be entitled. See TEX.R.APP.P. 42.1(a)(1). We therefore grant Appellant’s motion and dismiss the appeal. Because the motion does not indicate the parties have agreed otherwise, costs will be taxed against Appellant. See TEX.R.APP.P.42.1(d).

February 27, 2013 YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.