COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-084-CV

MANUEL BORREGO APPELLANT

V.

THE CITY OF WICHITA FALLS, TEXAS, APPELLEE

A MUNICIPAL CORPORATION, A MUNICIPALITY

AND A LOCAL GOVERNMENTAL ENTITY

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FROM THE 78 TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered the “Agreed Motion To Dismiss Appeal.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(2), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL B: CAYCE, C.J.; HOLMAN, J.; and DAVID RICHARDS, J.

(Sitting by Assignment).

[DELIVERED FEBRUARY 6, 2003]

FOOTNOTES

1:

See Tex. R. App. P. 47.4.