COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00350-CV

BNSF RAILWAY COMPANY APPELLANT V. TRYER PROPERTIES, LLC APPELLEE

------------ FROM THE 78TH DISTRICT COURT OF WICHITA COUNTY TRIAL COURT NO. 177,588B ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered appellant's “Notice of Settlement and Agreed Motion to Dismiss 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 the party incurring the same, for which let execution issue. See Tex. R. App. P. 42.1(d).

See Tex. R. App. P. 47.4.

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: September 17, 2015