                                       In The

                                Court of Appeals
                    Ninth District of Texas at Beaumont
                            ____________________
                               NO. 09-13-00196-CV
                            ____________________

  $216,991.58 U.S. CURRENCY (PHYSICAL REHABILITATION PLLC),
                             Appellant

                                         V.

                       THE STATE OF TEXAS, Appellee
_______________________________________________________             ______________

                    On Appeal from the 359th District Court
                         Montgomery County, Texas
                       Trial Cause No. 12-11-12198 CV
________________________________________________________             _____________

                          MEMORANDUM OPINION

      John A. Tafel filed a notice of appeal, but subsequently notified the Court

that he had filed the notice of appeal on behalf of Physical Rehabilitation PLLC.

We questioned the finality of the “Interlocutory Default Judgment of Forfeiture”

and requested responses from the parties. In its reply, the State contended the

forfeiture action remains pending in the trial court. See Perkins v. State, No. 07-09-

0107-CV, 2009 WL 4642229, at *1 (Tex. App.—Amarillo Dec. 8, 2009, no pet.).


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On June 20, 2013, the appellant, Physical Rehabilitation PLLC, filed a motion to

dismiss this appeal. See Tex. R. App. P. 42.1(a)(1). We grant the motion and

dismiss the appeal without prejudice.

      APPEAL DISMISSED.



                                            ________________________________
                                                    STEVE McKEITHEN
                                                        Chief Justice



Opinion Delivered July 11, 2013
Before McKeithen, C.J., Gaultney and Kreger, JJ.




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