COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-268-CV CHARLIE S. MARTINEZ, JR. APPELLANTS AND MAGDALENA S. MARTINEZ, AS TRUSTEE OF THE CHARLIE S.

MARTINEZ, JR., TRUST V. CITY OF FORT WORTH, APPELLEES CITY OF NORTH RICHLAND HILLS, BIRDVILLE INDEPENDENT SCHOOL DISTRICT, COUNTY OF TARRANT, TARRANT COUNTY HOSPITAL DISTRICT, TARRANT COUNTY COLLEGE DISTRICT, TARRANT COUNTY REGIONAL WATER DISTRICT, AND FORT WORTH INDEPENDENT SCHOOL DISTRICT ---------- FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered “Appellants’ 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)(1), 43.2(f).

… See Tex. R. App. P. 47.4.

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: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: February 5, 2009