KAT Excavation, Inc. v. City of Waco--Appeal from 170th District Court of McLennan County

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IN THE TENTH COURT OF APPEALS No. 10-09-00115-CV KAT EXCAVATION, INC., Appellant v. CITY OF WACO, Appellee From the 170th District Court McLennan County, Texas Trial Court No. 2007-564-4 MEMORANDUM OPINION Appellant has filed an Unopposed Motion to Withdraw Notice of Appeal. See TEX. R. APP. P. 42.1(a)(1). It states that Appellant desires to withdraw its notice of appeal. Dismissal of this appeal would not prevent a party from seeking relief to which it would otherwise be entitled. Counsel for Appellee does not oppose the motion. The appeal is dismissed. REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Judge Suzanne Stovall1 Dismissed Opinion delivered and filed September 23, 2009 [CV06] Suzanne Stovall, Judge of the 221st District Court of Montgomery County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV T CODE ANN. §74.003(h) (Vernon 2005). 1 KAT Excavation v. City of Waco Page 2

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