IN THE TENTH COURT OF APPEALS No. 10-10-00369-CV LAWRENCE MADEKSHO AND ELODIA G. MADEKSHO, Appellants v. XTO ENERGY, INC., Appellee

From the 82nd District Court Robertson County, Texas Trial Court No. 07-11-17,957-CV

MEMORANDUM OPINION

Appellant has filed a “Motion to Dismiss Appeal.” See TEX. R. APP. P. 42.1(a)(1).

It states that Appellant no longer wishes to purse this appeal and seeks dismissal with costs to be assessed against the party incurring them. Appellee has not filed a response.

Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. The motion is granted, and the appeal is dismissed with each party to pay the costs in this behalf expended as they have been incurred.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed January 12, 2011 [CV06]

Lawrence Madeksho and Elodia G. Madeksho v. XTO Energy, Inc. Page 2