COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-033-CV

DAN MEEKER MANAGEMENT, INC. APPELLANT

V.

USA ROCK BIT, INC. APPELLEE

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FROM THE 97TH DISTRICT COURT OF ARCHER COUNTY

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

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We have considered “Appellant’s Motion For Voluntary Dismissal.”  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:  CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

DELIVERED:  February 26, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.