GEAUX CORPORATION,

APPELLANT

V.

MODERNFOLD DOOR & SPECIALTIES

OF DALLAS/FT. WORTH, INC.,

APPELLEES

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.