1)ISMISS; OpillOll hied January 23, 2013.

In The (!Inurt øf ijcaki .Fift!i Dntrirt rf xai at Ja1tai No. 05-12-01 172-CV IZZY ASUKENAZY AND JONAThAN AGUS, Appellants WELLS FARGO, N.A., Appellee On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC—12-04619 OPINION Before Justices FitzGerald, Fillmore and Evans Opinion by Justice Evans Before the Court is appellants’ January 16, 2013 unopposed motion to dismiss appeal.

We grant appellants’ motion and dismiss the appeal. See

JUSTICE

121 172F.P05 (itutri Lii Apri15 3FiftIi Jit1rir1 tit Lixt tt Jt11ai JUDGMENT Izzy Ashkenazy and Jonathan Agus, On Appeal from the 14th Judicial District Appellants Court, Dallas County, Texas Trial Court Cause No. DC-12-04619.

No. 05-12-01 172-CV V. Opinion delivered by Justice Evans.

Justices FitzGerald and Fillmore Wells Fargo, N.A., Appellee participating.

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

Subject to any agreement of the parties, it is ORDERED that appellee Wells Fargo, N.A. recover its costs of this appeal from appellants Izzy Ashkenazy and Jonathan Agus.

Judgment entered this January 23, 2013.

W. EVANS JUSTiCE