Del Builders, Inc v. Barry and Janet CaldwellAppeal from 86th District Court of Kaufman County (memorandum opinion per curiam)

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DISMISS; and Opinion Filed April 2, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00229-CV DEL BUILDERS, INC., Appellant V. BARRY AND JANET CALDWELL, Appellees On Appeal from the 86th District Court Kaufman County, Texas Trial Court Cause No. 68127-86 MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Fillmore The Court has before it appellants March 21, 2013 motion to dismiss appeal, which is unopposed. We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1(a)(1). PER CURIAM 130229F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEL BUILDERS, INC., Appellant No. 05-13-00229-CV On Appeal from the 86th District Court, Kaufman County, Texas Trial Court Cause No. 68127-86. Opinion delivered per curiam. Justices LangMiers, Murphy and Fillmore sitting for the Court. V. BARRY AND JANET CALDWELL, Appellees In accordance with this Court s opinion of this date, this appeal is DISMISSED. Costs are assessed against the party incurring same. Judgment entered this 2nd day of April, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 2

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