DISMISS and Opinion Filed February 6, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01256-CV SAM MUSSO, Appellant V. KATHERINE G. MOORE A/K/A KATHERINE G. MUSSO, Appellee On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-13-739 MEMORANDUM OPINION Before Justices Lang, Stoddart, and Schenck Opinion by Justice Lang Before the Court is appellant’s January 28, 2015 motion seeking to dismiss the appeal and have costs taxed against the party incurring same. We grant appellant’s motion to the extent that we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1).

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 141256F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SAM MUSSO, Appellant On Appeal from the 382nd Judicial District Court, Rockwall County, Texas.

No. 05-14-01256-CV V. Trial Court Cause No. 1-13-739.

Opinion delivered by Justice Lang. Justices KATHERINE G. MOORE A/K/A Stoddart and Schenck, participating.

KATHERINE G. MUSSO, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellee KATHERINE G. MOORE A/K/A KATHERINE G. MUSSO recover her costs of this appeal from appellant SAM MUSSO.

Judgment entered this 6th day of February, 2015.

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