COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-018-CV

TEXAS DEPARTMENT OF APPELLANT

PUBLIC SAFETY

V.

ERIC SIMMONS APPELLEE

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FROM COUNTY COURT AT LAW OF HOOD COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered “Appellant’s Motion To Dismiss Appeal.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(1), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.   See Tex. R. App. P . 42.1(d).

PER CURIAM

PANEL D: CAYCE, C.J.; DAY and LIVINGSTON, JJ.

DELIVERED: April 17, 2003

FOOTNOTES

1:

See Tex. R. App. P. 47.4.