COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00397-CV

KOREY PRATHER APPELLANT V. BNSF RAILWAY COMPANY APPELLEE

------------ FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered “Appellant's Motion To Dismiss.” 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: GARDNER, WALKER, and MCCOY, JJ.

See Tex. R. App. P. 47.4.

DELIVERED: October 27, 2011