COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-014-CV

WILLIAM P. LEONARD AND KIM LEONARD APPELLANTS

V.

LARRY SMITH, P.E., INDIVIDUALLY AND  APPELLEE

D/B/A LARRY SMITH ENGINEERING

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FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY

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

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We have considered the “Agreed Motion To Dismiss Without Prejudice, Appellants’ Prematurely Filed Appeal.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal without prejudice.   See Tex. R. App. P. 42.1(a)(1), 43.2(f).

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

PER CURIAM

PANEL:  WALKER, MCCOY, and MEIER, JJ.  

DELIVERED:  February 12, 2009  

FOOTNOTES

1:

See Tex. R. App. P. 47.4.