COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-099-CV CLEBURNE UTILITY CONSTRUCTION, INC. APPELLANT V. SOUTHWESTERN BELL TELEPHONE, L.P. APPELLEE D/B/A AT&T TEXAS ---------- FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered “Appellant's Motion For Voluntary Dismissal Of 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)(1), 43.2(f).

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

PER CURIAM PANEL: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: May 28, 2009

… See Tex. R. App. P. 47.4.