TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-08-00733-CV City of Austin, Appellant v. Garry Parker, Appellee FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-06-000037, HONORABLE ERIC SHEPPERD, JUDGE PRESIDING MEMORANDUM OPINION Appellant has filed a motion to dismiss, explaining that the parties have executed a settlement agreement and intend to file a motion for non-suit in the trial court. We grant the motion and dismiss the appeal. Tex. R. App. P. 42.1(a)(2). Costs will be paid by the party incurring them. ___________________________________________ David Puryear, Justice Before Chief Justice Jones, Justices Puryear and Henson Dismissed on Appellant’s Motion Filed: January 27, 2009