DISMISS; and Opinion Filed April 2, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00229-CV DEL BUILDERS, INC., Appellant V. BARRY AND JANET CALDWELL, Appellees On Appeal from the 86th District Court Kaufman County, Texas Trial Court Cause No. 68127-86 MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Fillmore The Court has before it appellants’ March 21, 2013 motion to dismiss appeal, which is unopposed. We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1(a)(1).

PER CURIAM

130229F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEL BUILDERS, INC., Appellant On Appeal from the 86th District Court, Kaufman County, Texas No. 05-13-00229-CV V. Trial Court Cause No. 68127-86.

Opinion delivered per curiam. Justices Lang- BARRY AND JANET CALDWELL, Miers, Murphy and Fillmore sitting for the Appellees Court.

In accordance with this Court’s opinion of this date, this appeal is DISMISSED. Costs are assessed against the party incurring same.

Judgment entered this 2nd day of April, 2013.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

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