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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
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FROM THE 90TH DISTRICT COURT OF YOUNG COUNTY
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MEMORANDUM OPINION[1] AND JUDGMENT
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We have considered the parties= AAgreed 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
[1]See Tex. R. App. P. 47.4.