NO. 12-09-00203-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS GEAUX CORPORATION, § APPEAL FROM THE 7TH APPELLANT V. § JUDICIAL DISTRICT COURT OF MODERNFOLD DOOR & SPECIALTIES OF DALLAS/FT. WORTH, INC., § SMITH COUNTY, TEXAS APPELLEES MEMORANDUM OPINION PER CURIAM Appellant has filed a motion to dismiss this appeal with prejudice. Because Appellant met the requirements of Texas Rule of Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed with prejudice.

Opinion delivered September 2, 2009.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)