Herman Brashear v. D. Vineyard ApartmentsAppeal from County Court at Law No. 5 of Dallas County (memorandum opinion )

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DISMISS; and Opinion Filed July 30, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00622-CV HERMAN BRASHEAR, Appellant V. D. VINEYARDS, L.P. D/B/A THE VINEYARDS APARTMENTS, Appellee On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-13-02418-E MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Lang-Miers Before the Court is appellant s motion for nonsuit. Appellant has informed the Court that he no longer desires to prosecute this matter. We treat appellant s motion as a motion to dismiss. We grant appellant s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 130622F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HERMAN BRASHEAR, Appellant No. 05-13-00622-CV On Appeal from the County Court at Law No. 5, Dallas County, Texas. Trial Court Cause No. CC-13-02418-E. Opinion delivered by Justice Lang-Miers. Justices Moseley and Bridges, participating. V. D. VINEYARDS, L.P. D/B/A THE VINEYARDS APARTMENTS, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, D. VINEYARDS, L.P. D/B/A THE VINEYARDS APARTMENTS, recover its costs of this appeal from appellant, HERMAN BRASHEAR. Judgment entered this 30th day of July, 2013. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 2

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