DISMISS; Opinion issued March 27, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00545-CV HERCULES INCORPORATED, Appellant V. MARTHA ANN GENSLER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN EDWARD GENSLER, DECEASED, Appellee On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. 10-08454-D MEMORANDUM OPINION Before Justices Bridges, FitzGerald, and Myers The Court has before it appellant’s March 13, 2013 agreed motion to dismiss appeal. We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1(a)(2).

PER CURIAM 120545F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERCULES INCORPORATED, Appellant On Appeal from the 68th Judicial District Court, Dallas County, Texas No. 05-12-00545-CV V. Trial Court Cause No. 10-08454-D.

Opinion delivered per curiam. Justices MARTHA ANN GENSLER, Bridges, FitzGerald and Myers sitting for the INDIVIDUALLY AND AS PERSONAL Court.

REPRESENTATIVE OF THE ESTATE OF JOHN EDWARD GENSLER, DECEASED, Appellee

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

Judgment entered March 27, 2013.

/Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE

–2–