COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-279-CV NYAGUDI O. OKUMU APPELLANT AND APPELLEE V. WELLS FARGO BANK, N.A. APPELLEE AND APPELLANT ---------- FROM PROBATE COURT NO. 2 OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered the parties= AJoint Motion To Dismiss Appeal,@ seeking dismissal of both the appeal and the cross-appeal. It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal and the cross-appeal. See Tex. R. App. P. 42.1(a)(2), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM PANEL: MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J.

DELIVERED: May 27, 2010

See Tex. R. App. P. 47.4.