COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00208-CV

TOLL DALLAS TX, LLC APPELLANT V. COLLEYVILLE HOME OWNERS' APPELLEE RIGHTS ASSOCIATION, INC.

------------ FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered appellant's “Unopposed Motion For Dismissal Without 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. 42.1(d).

See Tex. R. App. P. 47.4.

PER CURIAM PANEL: MCCOY, GARDNER, and MEIER, JJ.

DELIVERED: December 13, 2012