COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00459-CV

BOYER, INC. APPELLANT V. TRINITY RIVER AUTHORITY OF APPELLEE TEXAS

------------ FROM THE 352ND DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered appellant “Boyer, Inc.’s Motion To Dismiss 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 the party incurring the same, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: February 2, 2012 See Tex. R. App. P. 47.4.