COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00375-CV

BNSF RAILWAY COMPANY APPELLANT AND APPELLEE V. RONALD NICHOLS APPELLEE AND APPELLANT

------------ FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered “Cross-Appellant's Agreed Motion To Dismiss Cross- Appeal.” It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal of cross-appellant Ronald Nichols. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

See Tex. R. App. P. 47.4.

Costs of the cross-appeal shall be paid by cross-appellant, for which let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: April 21, 2011