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

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 (footnote: 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).

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

FOOTNOTES

1:

See Tex. R. App. P. 47.4.