In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00049-CV ____________________ KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant V. KERRY L. THOMAS, Appellee _______________________________________________________ ______________ On Appeal from the 172nd District Court Jefferson County, Texas Trial Cause No. E-197,566 ________________________________________________________ _____________ MEMORANDUM OPINION The appellant, Kansas City Southern Railway Company, filed a motion to dismiss this accelerated appeal because the claims against the appellant have been non-suited. The motion is voluntarily made by the appellant prior to any decision of this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal.

We grant the motion and dismiss the appeal.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on March 1, 2017 Opinion Delivered March 2, 2017 Before Kreger, Horton, and Johnson, JJ.