DISMISS; and Opinion Filed January 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01422-CV BANK OF THE WEST, Appellant V. TXS UNITED HOUSING PROGRAM, INC., Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-10-04636 MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Fillmore Before the Court is appellant’s January 24, 2014 motion to dismiss the appeal. Appellant has informed the Court that it no longer wishes to pursue this appeal. Accordingly, we grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 121422F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BANK OF THE WEST, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas. No. 05-12-01422-CV V. Trial Court Cause No. DC-10-04636. Opinion delivered by Justice Fillmore. TXS UNITED HOUSING Justices FitzGerald and Lang, participating. PROGRAM, INC., Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, TXS UNITED HOUSING PROGRAM, INC., recover its costs of this appeal from appellant, BANK OF THE WEST. Judgment entered this 29th day of January, 2014. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE –2–