COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-071-CV

TROPHY CLUB MUNICIPAL UTILITY APPELLANT S

DISTRICT NO. 2 AND TROPHY CLUB

MUNICIPAL UTILITY DISTRICT NO. 1

V.

TOWN OF TROPHY CLUB, TEXAS APPELLEE

AND

TOWN OF TROPHY CLUB, TEXAS APPELLANT

V.

TROPHY CLUB MUNICIPAL UTILITY APPELLEE

DISTRICT NO. 2

----------

FROM THE 362ND DISTRICT COURT OF DENTON COUNTY

----------

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

----------

We have considered the parties’ “Joint Motion To Dismiss Appeal As Moot.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal as moot.   See Tex. R. App. P. 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:  LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED:  June 25, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.