COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00295-CV

PHOENIX MILLWORK L.L.C. APPELLANT V. BANK OF AMERICA, N.A. APPELLEE

------------ FROM THE 431ST DISTRICT COURT OF DENTON COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered “Appellant’s Motion For Voluntary Dismissal Of Appeal.” 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: GABRIEL, J.; LIVINGSTON, C.J.; and DAUPHINOT, J.

See Tex. R. App. P. 47.4.

DELIVERED: December 8, 2011