COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-366-CV

MICHAEL HINZMANN, M.D. APPELLANTS

AND CONSULTANTS IN RADIOLOGY

V.

JAMES BOWERS APPELLEE

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FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered appellants’ “Unopposed Motion To Dismiss Appeal With Prejudice.”  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.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL:  GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  January 21, 2010

FOOTNOTES

1:

See Tex. R. App. P. 47.4.