DISMISS; Opinion Filed July 23, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00555-CV MELANIE PFENNINGER, INDIVIDUALLY AND AS NEXT FRIEND OF KYLE THOME, Appellant V. HARVEST FAMILY ENT., L.P. D/B/A HAWAIIAN FALLS WATERPARKS; CNL INCOME PROPERTIES, INC. AND CNL INCOME GARLAND, L.P., Appellees On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-10-06195-E MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Evans The Court has before it appellant’s July 12, 2013 voluntary motion to dismiss appeal.

See TEX. R. APP. P. 42.1(a)(1). We grant the motion and dismiss the appeal. See id. 43.2(f).

/David Evans/ DAVID EVANS JUSTICE 130555F.P05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT MELANIE PFENNINGER, On Appeal from the County Court at Law INDIVIDUALLY AND AS NEXT FRIEND No. 5, Dallas County, Texas OF KYLE THOME, Appellant Trial Court Cause No. CC-10-06195-E.

Opinion delivered by Justice Evans.

No. 05-13-00555-CV V. Justices Lang and Myers participating.

HARVEST FAMILY ENT., L.P. D/B/A HAWAIIAN FALLS WATERPARKS; CNL INCOME PROPERTIES, INC. AND CNL INCOME GARLAND, L.P., Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees Harvest Family Ent., L.P. d/b/a Hawaiian Falls Waterparks; CNL Income Properties, Inc. and CNL Income Garland, L.P. recover their costs, if any, of this appeal from appellant Melanie Pfenninger, Individually and as Next Friend of Kyle Thome.

Judgment entered this 23rd day of July, 2013.

/David Evans/ DAVID EVANS JUSTICE

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