NO. 12-13-00219-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS CITY OF JACKSONVILLE, TEXAS, § APPEAL FROM THE 2ND APPELLANT V. § JUDICIAL DISTRICT COURT WENDY GAIL ROSS, APPELLEE § CHEROKEE COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant has filed an agreed motion to dismiss this appeal. In its motion, Appellant states that the parties have reached a resolution of their dispute and Appellant no longer wishes to pursue the appeal. The motion is signed by counsel for each party. Because Appellant has met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed. Costs are assessed against the party incurring them.

Opinion delivered October 16, 2013.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT OCTOBER 16, 2013

NO. 12-13-00219-CV

CITY OF JACKSONVILLE, TEXAS, Appellant V. WENDY GAIL ROSS, Appellee

Appeal from the 2nd District Court of Cherokee County, Texas (Tr.Ct.No. 2012-06-0477)

THIS CAUSE came on to be heard on the agreed motion filed by Appellant to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance. Costs are assessed against the party incurring them.

By per curiam opinion.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.