Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00318-CV THE COMMERCIAL BANK, Appellant v. VULCAN CONSTRUCTION MATERIALS, LP, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-12245 Honorable Gloria Saldana, Judge Presiding BEFORE JUSTICE BARNARD, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ In accordance with this court’s opinion of this date, the motion to dismiss is GRANTED and this appeal is DISMISSED.

All costs are ORDERED assessed against the party who incurred them.

SIGNED August 14, 2013.

_________________________________ Marialyn Barnard, Justice