Order issued July 22, 2013

In The Court of Appeals For The First District of Texas ———————————— NO. 01-12-00229-CV ——————————— JONATHAN LEVINE AND SAMANTHA LEVINE, Appellants V. STEVE SCHARN CUSTOM HOMES, INC., STEVE SCHARN, AND NEWFIRST NATIONAL BANK, Appellees

On Appeal from the 268th District Court Fort Bend County, Texas Trial Court Case No. 08-DCV-162201

MEMORANDUM ORDER OF DISMISSAL Appellees and Cross-Appellants, Steve Scharn Custom Homes, Inc. and Steven Scharn, filed a notice of appeal on March 29, 2012. On October 2, 2012, Steve Scharn Custom Homes, Inc. and Steven Scharn filed an unopposed motion for dismissal of their appeal. We GRANT the motion and ORDER that Steve Scharn Custom Homes, Inc. and Steven Scharn’s appeal be dismissed. See TEX. R. APP. P. 42.1(a)(1). Jonathan Levine and Samantha Levine’s appeal remains on the docket.

It is so ORDERED.

PER CURIAM

Panel consists of Justices Keyes, Higley, and Bland.