COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ KLEINFELDER CENTRAL, INC. No. 08-12-00327-CV D/B/A KLEINFELDER, § Appeal from Appellant, § 429th District Court v. § of Collin County, Texas NORTH TEXAS MUNICIPAL WATER § DISTRICT, (TC # 429-00785-2009) § Appellee.

§ JUDGMENT The Court has considered this cause on Appellant=s motion to dismiss and concludes the motion should be granted and the appeal should be dismissed, in accordance with the opinion of this Court. We therefore dismiss the appeal. We further order Appellant to pay all costs of this appeal. We further order that this decision be certified below for observance.

IT IS SO ORDERED THIS 28TH DAY OF MARCH, 2013.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Rodriguez, JJ.