Shawna Mercer, Individually and as Representative of the Estate of Bennie Mercer, and as Natural Mother and Next Friend of Melissa Mercer, a Minor Child v. Richard Scheriger

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-428-CV SHAWNA MERCER, INDIVIDUALLY APPELLANT AND AS REPRESENTATIVE OF THE ESTATE OF BENNIE MERCER, DECEASED, AND AS NATURAL MOTHER AND NEXT FRIEND OF MELISSA MERCER, A MINOR CHILD V. RICHARD SCHERIGER APPELLEE ---------- FROM THE 90TH DISTRICT COURT OF YOUNG COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered the parties’ “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)(2), 43.2(f). 1  See Tex. R. App. P. 47.4. Costs of the appeal shall be paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 43.4. PER CURIAM PANEL: WALKER, LIVINGSTON, and DAUPHINOT, JJ. DELIVERED: February 4, 2010 2