COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00333-CV

EMMETT ROGERS APPELLANT V. ROBERT ORR; WAL-MART APPELLEES STORES TEXAS, LLC D/B/A WAL- MART STORES TEXAS 2007, LLC AND D/B/A WALMART; AND WALKCON, LTD.

---------- FROM THE 43RD DISTRICT COURT OF PARKER COUNTY ---------- MEMORANDUM OPINION AND JUDGMENT1 ---------- We have considered the “Agreed Motion To Dismiss As To Walmart,” filed by appellee Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC and d/b/a Walmart. It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal of Emmett Rogers against appellee Wal-Mart

See Tex. R. App. P. 47.4.

Stores Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC and d/b/a Walmart only. See Tex. R. App. P. 42.1(a)(1), 43.2(f). This case shall hereafter be styled “Emmett Rogers v. Robert Orr and Walkcon, Ltd.” Costs of the appeal between appellant and appellee Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Stores Texas 2007, LLC and d/b/a Walmart shall be paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 43.4.

PER CURIAM PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.

DELIVERED: March 28, 2013