Eric Drake v. Wendel Withrow, et alAppeal from 191st Judicial District Court of Dallas County (memorandum opinion )

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DISMISS and Opinion Filed November 12, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00676-CV ERIC DRAKE, Appellant V. WENDEL WITHROW, YU-LAN MARTIN, AND ASM, Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 12-03942 MEMORANDUM OPINION Before Justices Evans, Lewis, and Brown Opinion by Justice Evans Before the Court is appellant s motion to withdraw the appeal. Appellant has informed the Court that he no longer wishes to pursue the appeal. Accordingly, we grant appellant s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). 130676F.P05 /David Evans/ DAVID EVANS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ERIC DRAKE, Appellant No. 05-13-00676-CV On Appeal from the 191st Judicial District Court, Dallas County, Texas. Trial Court Cause No. 12-03942. Opinion delivered by Justice Evans. Justices Lewis and Brown, participating. V. WENDEL WITHROW, YU-LAN MARTIN, AND ASM, Appellees In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees, WENDEL WITHROW, YU-LAN MARTIN, AND ASM, recover their costs of this appeal from appellant, ERIC DRAKE. Judgment entered this 12th day of November, 2013. /David Evans/ DAVID EVANS JUSTICE 1300676.R.docx 2

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