COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00136-CV

DAVID DEAN DAWSON AND APPELLANTS ELIZABETH TORRES AND APPELLEES V. FAYE DIAN LIPHAM APPELLEE AND APPELLANT

------------ FROM THE 158TH DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. 2013-20042-158 ------------ MEMORANDUM OPINION 1 ------------ We have considered the “Motion to Dismiss Cross-Appeal” filed by Faye Dian Lipham. Because it will not prejudice the remaining parties, we grant Lipham’s motion and dismiss her notice of appeal. See Tex. R. App. P. 42.1(b).

The appeal filed by David Dean Dawson and Elizabeth Torres remains pending, See Tex. R. App. P. 47.4. and Lipham’s request to assess costs against Dawson and Torres will be carried with the case.

PER CURIAM PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.

DELIVERED: February 4, 2016