DISMISS; Opinion Filed June 3, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00459-CV SARAH STANSFIELD-SIMMONS, Appellant V. CHARLES LEE SIMMONS, SR. AND PENNY MEYER, Appellees On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-51434-2012 MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers The Court has before it appellant’s May 17, 2013 withdrawal of appeal, which we treat as a motion to dismiss. We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1(a)(1).

PER CURIAM

130459F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SARAH STANSFIELD-SIMMONS, On Appeal from the 429th Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 429-51434-2012.

No. 05-13-00459-CV V. Opinion delivered per curiam. Justices Moseley, Bridges and Lang-Miers sitting for CHARLES LEE SIMMONS, SR. AND the Court.

PENNY MEYER, Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellee CHARLES LEE SIMMONS, SR. AND PENNY MEYER recover their costs of this appeal from appellant SARAH STANSFIELD-SIMMONS.

Judgment entered this 3rd day of June, 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE

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