IN THE TENTH COURT OF APPEALS No. 10-12-00122-CV CITY OF BELLMEAD, Appellant v. DEVIN KLUK, Appellee

From the 170th District Court McLennan County, Texas Trial Court No. 2011-5034-4

MEMORANDUM OPINION

The parties have filed a “Joint Motion to Dismiss Appeal,” stating that Appellee has nonsuited his claims against Appellant and asking us to dismiss the appeal because there is no longer a matter to prosecute or appeal and to tax costs against the party incurring the cost. See TEX. R. APP. P. 42.1(a)(2). The motion to dismiss is granted, and the appeal is dismissed. In accordance with the agreement of the parties, costs are taxed against the party incurring same. See TEX. R. APP. P. 42.1(d).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed May 23, 2012 [CV06]

City of Bellmead v. Kluk Page 2