COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-15-00262-CV

EVERBANK APPELLANT V. JOHN GRANGER, III APPELLEE

------------ FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY TRIAL COURT NO. 2015-001373-2 ------------ SUBSTITUTED MEMORANDUM OPINION1 AND JUDGMENT ------------ We withdraw our September 24, 2015 memorandum opinion and judgment and substitute the following.

We have considered appellant’s “Motion To Dismiss With 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 See Tex. R. App. P. 47.4. paid by the party incurring the same, for which let execution issue. See Tex. R. App. P. 42.1(d).

/s/ Bonnie Sudderth BONNIE SUDDERTH JUSTICE

PANEL: LIVINGSTON, C.J.; DAUPHINOT and SUDDERTH, JJ.

DELIVERED: October 8, 2015