COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00338-CV

PETER C. KERN AND SHERI D. APPELLANTS KERN V. COOKE COUNTY, FM AND APPELLEES LATERAL ROAD, GAINESVILLE HOSPITAL DISTRICT, NORTH CENTRAL TEXAS COLLEGE, ROAD AND BRIDGE FUND, AND SIVELLS BEND INDEPENDENT SCHOOL DISTRICT

------------ FROM THE 235TH DISTRICT COURT OF COOKE COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------

See Tex. R. App. P. 47.4.

We have considered appellants' “Motion For Order Dismissing Appeal.” It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

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

PER CURIAM

PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: February 21, 2013