DISMISS; and Opinion Filed May 29, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00557-CV CITY OF MCKINNEY, TEXAS, Appellant V. OH SKYLINE/380, L.P., ET AL., Appellees On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-02046-2011 MEMORANDUM OPINION Before Justices FitzGerald, Murphy, and Lewis Opinion Per Curiam The Court has before it appellant’s May 13, 2013 motion to dismiss appeal. We GRANT the motion and DISMISS this appeal. TEX. R. APP. P. 42.1(a)(1).

PER CURIAM

130557F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT CITY OF MCKINNEY, TEXAS, Appellant On Appeal from the 199th Judicial District Court, Collin County, Texas No. 05-13-00557-CV V. Trial Court Cause No. 199-02046-2011.

Opinion delivered per curiam. Justices OH SKYLINE/380, L.P., ET AL., Appellees FitzGerald, Murphy and Lewis sitting for the Court.

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

It is ORDERED that appellees OH SKYLINE/380, L.P., ET AL. recover their costs of this appeal from appellant CITY OF MCKINNEY, TEXAS.

Judgment entered this 29th day of May, 2013.

/David Lewis/ DAVID LEWIS JUSTICE

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