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

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FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY

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

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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.  

DELIVERED:  February 12, 2009

FOOTNOTES

1:

See Tex. R. App. P. 47.4.