NO. 02-11-00371-CV

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FROM THE 431st District Court OF Denton COUNTY

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MEMORANDUM OPINION^[1] AND JUDGMENT

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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