Dr. Robert Gruebel v. Zoning Board of Adjustment of The City of Nacogdoches, Texas; consisting of Paul Smith, U.L. Woodson, Jeff Opperman, Kelly Jones, Richard Humprheys, City of Nacogdoches, Texas and Aron Kulhavy, City Planner for the City of Nacogdoches, Texas--Appeal from County Court at Law of Nacogdoches County

NO. 12-04-00331-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

  DR. ROBERT GRUEBEL,   APPEAL FROM THE

APPELLANT

V.

ZONING BOARD OF ADJUSTMENT OF

  THE CITY OF NACOGDOCHES, TEXAS;   COUNTY COURT AT LAW

CONSISTING OF PAUL SMITH,

U.L. WOODSON, JEFF OPPERMAN,

KELLY JONES, RICHARD HUMPHREYS,

CITY OF NACOGDOCHES, TEXAS AND

ARON KULHAVY, CITY PLANNER FOR THE

CITY OF NACOGDOCHES, TEXAS,

  APPELLEES   NACOGDOCHES COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Dr. Robert Gruebel, Appellant, has filed a motion to dismiss this appeal, and all other parties to the appeal have been given notice of the filing of this motion. In his motion, Dr. Gruebel represents that he no longer wishes to pursue this appeal. Because Dr. Gruebel 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 January 26, 2005.

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

(PUBLISH)

COURT OF APPEALS

    TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

    JUDGMENT

JANUARY 26, 2005

NO. 12-04-00331-CV

DR. ROBERT GRUEBEL,

Appellant

V.

ZONING BOARD OF ADJUSTMENT OF THE CITY OF NACOGDOCHES, TEXAS;

CONSISTING OF PAUL SMITH, U.L. WOODSON, JEFF OPPERMAN,

KELLY JONES, RICHARD HUMPHREYS, CITY OF NACOGDOCHES, TEXAS AND

ARON KULHAVY, CITY PLANNER FOR THE CITY OF NACOGDOCHES, TEXAS,

Appellees

Appeal from the County Court at Law

of Nacogdoches County, Texas. (Tr.Ct.No. 10651)

THIS CAUSE came to be heard on the appellate record; and the same being inspected, it is the opinion of this court that this court is without jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by the court that this appeal be, and the same is, hereby 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 DeVasto, J.