                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                              ________________
                              NO. 09-18-00476-CV
                              ________________

                          JAMES BRUYN, Appellant

                                        V.

                   KEVIN SWEARINGEN, Appellee
__________________________________________________________________

                On Appeal from the 136th District Court
                       Jefferson County, Texas
                      Trial Cause No. D-201,991
__________________________________________________________________

                          MEMORANDUM OPINION

      James Bruyn filed an agreed motion to dismiss the appeal. The motion

includes a certificate of conference signed by counsel for Swearingen. According to

the motion, the parties have agreed to allow Swearingen a thirty-day extension to

cure the deficiency in his expert’s report, and in return, Bruyn would dismiss the

appeal. No opinion has issued in this appeal. We grant Bruyn’s motion to dismiss

and dismiss the appeal. See Tex. R. App. P. 42.1.



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      APPEAL DISMISSED.



                                     ________________________________
                                             CHARLES KREGER
                                                   Justice

Submitted on January 30, 2019
Opinion Delivered January 31, 2019

Before McKeithen, C.J., Kreger and Johnson, JJ.




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