COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-10-00155-CV GATEWAY, INC. APPELLANT V. FORT WORTH ACADEMY FOR APPELLEE THE EDUCATION OF CHILDREN AND YOUTH ------------ FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ---------- We have considered “Appellant Gateway, Inc.'s Unopposed Motion To Dismiss.” 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

See Tex. R. App. P. 47.4.

PANEL: MEIER, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

DELIVERED: July 1, 2010