COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00185-CV

RICHARD L. PEMBERTON D/B/A APPELLANTS PEMBERTON FINE CUSTOM HOMES, LLC AND RICHARD L.

PEMBERTON V. VICK COX AND JACKIE COX APPELLEES

------------ FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ We have considered the parties’ “Joint 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).

See Tex. R. App. P. 47.4.

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 GABRIEL, JJ.

DELIVERED: January 19, 2012