COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00225-CV

AUTUMN LEAVES NURSING AND APPELLANT REHABILITATION, INC. V. INFUSION SOLUTIONS, INC. D/B/A APPELLEE TRINITY APOTHECARY

------------ FROM THE 362ND DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant's Motion To Dismiss Cause Of Action.” 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 with prejudice. See Tex. R. App. P. 42.1(d).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: August 31, 2010 See Tex. R. App. P. 47.4.