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DISMISS; Opinion issued January 16, 2013.

In The Qrourt of Appeals lf.ifth, ilistrirl of IDexns at ilallas No. 05-13-00005-CV JUSTIN H. STUART, Appellant V. JAMES KONTARATOS, D.C., ET AL, Appellees On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-03779-2012 OPINION Before Chief Justice Wright, Justice Lang-Miers and Lewis Opinion by Chief Justice Wright Before the Court is appellant's January 9, 2013 unopposed motion to dismiss the appeal.

In the motion, appellant states the parties have settled this case and appellant no longer wishes to prosecute this appeal. We grant appellant's motion and dismiss this appeal. See TEx. R. A.PP. P. 42.l(a)(l).

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Qrourt of Appeals lf.ifth, sistrict of <Dexas at sallas JUDGMENT Justin H. Stuart, Appellant On Appeal from the 380th Judicial District Court, Collin County, Texas No. 05-13-00005-CV V. Trial Court Cause No. 380-03779-2012.

Opinion delivered by Chief Justice Wright.

James Kontaratos, D.C., et al, Appellees Justices Lang-Miers and Lewis 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 appellees James Kontaratos, D.C., individually and doing business as Advanced Chiropractic North and Advanced Comprehensive Medical Center, P.A. recover their costs of this appeal from appellant Justin H. Stuart.

Judgment entered this 16th day of January, 2013.