COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-180-CV STERLING DAVIS, INC. APPELLANT V. STANDARD MEAT COMPANY, L.P. APPELLEE ---------- FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- We have considered the “Joint Motion To Dismiss Appeal.” It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal with prejudice. See Tex. R. App. P. 42.1(a)(2), 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: MEIER, DAUPHINOT, and GARDNER, JJ.

… See Tex. R. App. P. 47.4.

DELIVERED: February 12, 2009