COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-411-CV

CENTRAL GARDEN & PET APPELLANT COMPANY, INC. V. TIMOTHY VOKES, DOSKOCIL APPELLEES MANUFACTURING CO., INC., AND ASPEN PET PRODUCTS, INC. ---------- FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered “Appellant Central Garden & Pet Company’s Unopposed 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)(1), 43.2(f).

… See Tex. R. App. P. 47.4.

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: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: May 21, 2009