COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-238-CV

BRANDON AND KELLY MCFARLING APPELLANTS

V.

CITY OF DENTON, TEXAS APPELLEE

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FROM THE 16 TH DISTRICT COURT OF DENTON COUNTY

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

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We have considered the parties’ “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.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL B:  MCCOY, LIVINGSTON, and WALKER, JJ.

DELIVERED:  November 1, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.