NO. 12-08-00410-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS BARBARA NELSON AND § APPEAL FROM THE ALL OCCUPANTS, APPELLANTS V. § COUNTY COURT AT LAW #2 ROBERT NELSON, APPELLEE § SMITH COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM Appellants have filed a motion to dismiss this appeal and has served Appellee with a copy.

Because Appellants have met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed.

Opinion delivered January 7, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)