COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-283-CV EUGENE SIMMONS APPELLANT V. JERROLD PRICE APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered appellant’s and appellee’s “Motion To Dismiss.” It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal with prejudice. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by appellant, for which let execution issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: December 17, 2009

 See Tex. R. App. P. 47.4.