COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-293-CV

CITY OF NORTH RICHLAND HILLS, TEXAS APPELLANT

V.

LAURA FRIEND, INDIVIDUALLY AND AS APPELLEES

PERSONAL REPRESENTATIVE OF THE ESTATE

OF SARAH ELIZABETH FRIEND, DECEASED,

AND LUTHER FRIEND, INDIVIDUALLY

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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY

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

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We have considered the parties’ “Joint Motion To Dismiss Appeal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.   See Tex. R. App. P. 42.1(a)(2), 43.2(f).

Costs of the appeal shall be paid by appellant , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL:  WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED:  September 25, 2008

FOOTNOTES

1:

See Tex. R. App. P. 47.4.