Herman Brashear v. D. Vineyard Apartments

• Court: Court of Appeals of Texas
• Decided: July 30, 2013
• Docket: 05-13-00622-CV
• Status: Published

Opinion

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 On Appeal from the County Court at Law No. 5, Dallas County, Texas. No. 05-13-00622-CV V. Trial Court Cause No. CC-13-02418-E. Opinion delivered by Justice Lang-Miers. D. VINEYARDS, L.P. D/B/A THE Justices Moseley and Bridges, participating. 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.

–2–