DISMISS; and Opinion Filed June 10, 2013.

SIn The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00599-CV ROLAND VON KURNATOWSKI, ET AL., Appellants V. CITY OF COMMERCE, TEXAS, ET AL., Appellees On Appeal from the 196th District Court Hunt County, Texas Trial Court Cause No. 76,781 MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers On its own motion, the Court REINSTATES this case. The Court has before it appellants’ May 24, 2013 motion to dismiss appeal. We GRANT the motion and DISMISS the appeal. See TEX. R. APP. P. 42.1(a)(1).

PER CURIAM

120599F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROLAND VON KURNATOWSKI, ET AL., On Appeal from the 196th District Court, Appellants Hunt County, Texas Trial Court Cause No. 76,781.

No. 05-12-00599-CV V. Opinion delivered per curiam. Justices Moseley, Bridges and Lang-Miers sitting for CITY OF COMMERCE, TEXAS, ET AL., the Court.

Appellees In accordance with this Court’s opinion of this date, this appeal is DISMISSED.

It is ORDERED that appellees CITY OF COMMERCE, TEXAS, ET AL. recover their costs of this appeal from appellants ROLAND VON KURNATOWSKI, ET AL., unless the parties’ agreement provides otherwise.

Judgment entered this 10th day of June, 2013.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

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