                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-17-00049-CV
                           ____________________

      KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant

                                        V.

                        KERRY L. THOMAS, Appellee
_______________________________________________________            ______________

                   On Appeal from the 172nd District Court
                          Jefferson County, Texas
                         Trial Cause No. E-197,566
________________________________________________________            _____________

                          MEMORANDUM OPINION

      The appellant, Kansas City Southern Railway Company, filed a motion to

dismiss this accelerated appeal because the claims against the appellant have been

non-suited. The motion is voluntarily made by the appellant prior to any decision of

this Court. See Tex. R. App. P. 42.1(a)(1). No other party filed a notice of appeal.

We grant the motion and dismiss the appeal.

      APPEAL DISMISSED.



                                         1
                                              ________________________________
                                                      HOLLIS HORTON
                                                           Justice



Submitted on March 1, 2017
Opinion Delivered March 2, 2017

Before Kreger, Horton, and Johnson, JJ.




                                          2
