COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00371-CV

FABIAN A. THOMAS APPELLANT V. DENISE DANIEL APPELLEE

------------ FROM THE 431ST DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered “Defendant's Motion For Non-Suit” filed by appellant, which we construe as a motion to dismiss the appeal under rule 42.1(a)(1). 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: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: December 15, 2011 See Tex. R. App. P. 47.4.