BNSF Railway Company v. Tryer Properties, LLC

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-14-00350-CV

BNSF RAILWAY COMPANY APPELLANT

V.

TRYER PROPERTIES, LLC APPELLEE

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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).

1 See Tex. R. App. P. 47.4. PER CURIAM

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

DELIVERED: September 17, 2015