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 ---------- FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- 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

… See Tex. R. App. P. 47.4.