Motion Granted; Appeal Dismissed and Memorandum Opinion filed January 10, 2012.

In The Fourteenth Court of Appeals ____________ NO. 14-11-00931-CV ____________ UNION PACIFIC RAILROAD COMPANY, Appellant V. RICHARD RUBY and RONALD ZIMMERMAN, Appellees

On Appeal from the 11th District Court Harris County, Texas Trial Court Cause No. 2011-27625

MEMORANDUM OPINION This is an accelerated appeal from an order, signed September 9, 2011, denying appellant’s motion to dismiss pursuant to section 90.007 of the Texas Civil Practice and Remedies Code. On January 3, 2012, appellant filed an unopposed motion to dismiss the appeal because appellees have filed a notice of nonsuit in the trial court, rendering this appeal moot. See Tex. R. App. P. 42.1. The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM Panel consists of Justices Frost, Brown, and Christopher.