TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00733-CV

City of Austin, Appellant v. Garry Parker, Appellee

FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-06-000037, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant has filed a motion to dismiss, explaining that the parties have executed a settlement agreement and intend to file a motion for non-suit in the trial court. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(2). Costs will be paid by the party incurring them.

___________________________________________ David Puryear, Justice Before Chief Justice Jones, Justices Puryear and Henson Dismissed on Appellant’s Motion Filed: January 27, 2009