COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-455-CV BANK OF AMERICA, N.A. APPELLANT V. W ARRANTECH AUTOMOTIVE, INC. APPELLEE ---------- FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 AND JUDGMENT ---------- W e have considered appellant’s “Motion For Dismissal W ith Prejudice Pursuant To Settlement.” 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 the party incurring the same, for which let execution issue.

PER CURIAM PANEL: MCCOY, J.; LIVINGSTON, C.J.; and MEIER, J.

DELIVERED: April 22, 2010

 See Tex. R. App. P. 47.4.