The City of Garland, Texas v. Jerry Killian Appeal from 160th Judicial District Court of Dallas County (memorandum opinion)

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DISMISSED; Opinion Filed November 27, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00987-CV THE CITY OF GARLAND, TEXAS, Appellant V. JERRY KILLIAN, Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-00723 MEMORANDUM OPINION Before Justices Francis, Stoddart, and Schenck Opinion by Justice Stoddart Before the Court is the City of Garland, Texas’s motion to dismiss appeal based on settlement. We grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a). /Craig Stoddart/ CRAIG STODDART JUSTICE 180987F.P05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT THE CITY OF GARLAND, TEXAS, Appellant No. 05-18-00987-CV On Appeal from the 160th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-16-00723. Opinion delivered by Justice Stoddart, Justices Francis and Schenck participating. V. JERRY KILLIAN, Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Subject to any agreement between the parties, we ORDER that appellee Jerry Killian recover his costs, if any, of this appeal from appellant The City of Garland, Texas. Judgment entered this 27th day of November, 2018. –2–