Marcus Buckley and NB Homes, LTD v. David Bernard and Sono Italiano Corporation--Appeal from 342nd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-458-CV

MARCUS BUCKLEY AND NB HOMES, LTD APPELLANTS

V.

DAVID BERNARD AND SONO ITALIANO CORPORATION APPELLEES

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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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We have considered the AAgreed Joint Motion To Affirm Judgment and To Dismiss Appeal Under Texas Rules Of Appellate Procedure 42.1(a)(2)(A) and 43.2(a) and (f).@ It is the court=s opinion that the motion should be granted in part.[2] Therefore, we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(2), 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 A: GARDNER, HOLMAN, and MCCOY, JJ.

DELIVERED: September 20, 2007

[1]See Tex. R. App. P. 47.4.

[2]The motion asks the court to both affirm the trial court=s judgment and dismiss the appeal. Under rule 43.2, we may affirm a judgment or dismiss an appeal; we may not do both. Tex. R. App. P. 43.2(a), (f) (Athe court of appeals may: (a) affirm the trial court=s judgment in whole or in part . . . or (f) dismiss the appeal.@).