NO. 12-13-00186-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS ALAN UTZ & ASSOCIATES, INC., § APPEAL FROM THE 7TH APPELLANT V. ALL SAINTS EPISCOPAL SCHOOL, RED DOT CORPORATION, CECIL PADGETT D/B/A PADGETT & SON MASONRY & PADGETT MASONRY, § JUDICIAL DISTRICT COURT LLC, COOPER PLASTERING, INC., ALTO CONCRETE FLOORS, BREEDLOVE SITE SERVICES, LLC D/B/A BREEDLOVE NURSERY AND LANDSCAPE COMPANY, AND JOHN ODEN D/B/A METAL & MORE, INC., APPELLEES § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant Alan Utz & Associates, Inc. has filed a motion to dismiss its appeal and has certified that all other parties to the appeal have been given notice of the filing of this motion.

Because Alan Utz & Associates, Inc. has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted and the appeal is dismissed.

Opinion delivered April 9, 2014.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT APRIL 9, 2014

NO. 12-13-00186-CV ALAN UTZ & ASSOCIATES, INC., Appellant V. ALL SAINTS EPISCOPAL SCHOOL, RED DOT CORPORATION, CECIL PADGETT D/B/A PADGETT & SON MASONRY & PADGETT MASONRY, LLC, COOPER PLASTERING, INC., ALTO CONCRETE FLOORS, BREEDLOVE SITE SERVICES, LLC D/B/A BREEDLOVE NURSERY AND LANDSCAPE COMPANY, AND JOHN ODEN D/B/A METAL & MORE, INC., Appellees

Appeal from the 7th Judicial District Court of Smith County, Texas. (Tr.Ct.No. 12-1098-A) THIS CAUSE came on to be heard on the motion of the Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion is granted the appeal be dismissed, and that this decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.