April 3, 2014

JUDGMENT The Fourteenth Court of Appeals DAVID FITZGERALD, Appellant NO. 14-13-00885-CV V. JACKSON HINDS GARDEN, Appellee ________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on October 7, 2013. Having considered the motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by appellant, David Fitzgerald.

We further order this decision certified below for observance.