COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-296-CV JOSE RODRIGUEZ AND EVA RODRIGUEZ APPELLANTS V. TEXAS RECONSTRUCTION, INC. APPELLEE ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered the parties’ “Joint Motion To Dismiss Appeal.” It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal. See Tex. R. App. P. 42.1(a)(2), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM PANEL: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED: November 5, 2009

… See Tex. R. App. P. 47.4.