NO. 12-16-00285-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS KATHERINE ELAINE NEWLAND § APPEAL FROM THE AND PHILLIP KEITH NEWLAND, APPELLANTS § COUNTY COURT AT LAW NO. 3 V. BRUCE RUPAR AND SUSAN RUPAR, § SMITH COUNTY, TEXAS APPELLEES MEMORANDUM OPINION PER CURIAM Katherine Elaine Newland and Phillip Keith Newland, Appellants, have filed a motion to dismiss this appeal. Accordingly, we grant the motion, and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). Costs on appeal are taxed against the party incurring them.

Opinion delivered March 15, 2017.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT MARCH 15, 2017

NO. 12-16-00285-CV

KATHERINE ELAINE NEWLAND AND PHILLIP KEITH NEWLAND, Appellants V. BRUCE RUPAR AND SUSAN RUPAR, Appellees

Appeal from the County Court at Law No 3 of Smith County, Texas (Tr.Ct.No. 63,473-B) THIS CAUSE came on to be heard on the motion of the Appellants to dismiss the appeal herein, and the same being considered, it is hereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeal be dismissed, and that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.