COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-170-CV

PERFORMANCE TRAILERS, INC.                                                      APPELLANT

                                                             V.

LAURA PICKERING, INDIVIDUALLY,                                                  APPELLEES

VIRGIL PICKERING, INDIVIDUALLY,

AND KATHY LEA PICKERING AS

INDEPENDENT EXECUTRIX OF

THE ESTATE OF RICKEY CHARLES

PICKERING, DECEASED

----------

FROM THE 17TH DISTRICT COURT OF TARRANT COUNTY

----------

MEMORANDUM OPINION^[1] AND JUDGMENT

----------

We have considered “Appellant Performance Trailers, Inc.’s Unopposed Motion To Dismiss Appeal.@  It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal.  See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by appellant, for which let execution issue.  See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL:  GABRIEL, DAUPHINOT, and WALKER, JJ.

DELIVERED:  September 30, 2010