DISMISS; and Opinion Filed July 30, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00622-CV HERMAN BRASHEAR, Appellant V. D. VINEYARDS, L.P. D/B/A THE VINEYARDS APARTMENTS, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-13-02418-E MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Lang-Miers Before the Court is appellant’s motion for nonsuit. Appellant has informed the Court that he no longer desires to prosecute this matter. We treat appellant’s motion as a motion to dismiss.

We grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

130622F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERMAN BRASHEAR, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas.

No. 05-13-00622-CV V. Trial Court Cause No. CC-13-02418-E.

Opinion delivered by Justice Lang-Miers.

D. VINEYARDS, L.P. D/B/A THE Justices Moseley and Bridges, participating.

VINEYARDS APARTMENTS, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, D. VINEYARDS, L.P. D/B/A THE VINEYARDS APARTMENTS, recover its costs of this appeal from appellant, HERMAN BRASHEAR.

Judgment entered this 30th day of July, 2013.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

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