Judy Eaton AND Jerry D. Goodwin, General Partner of Denton-MFG., Limited Partnership (F.K.A. K.D.R.C. II, LTD.) v. Mary Wiley Black, Jerry D. Goodwin as Trustee of the Lee Wiley Moncrief Trust 3, Jerry D. Goodwin as Trustee of the Michael Joseph Moncrief Trust 3 AND Judy Eaton

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-112-CV

JUDY EATON AND JERRY D. APPELLANTS

GOODWIN, GENERAL PARTNER OF

DENTON-MFG., LIMITED PARTNERSHIP

(F.K.A. K.D.R.C. II, LTD.)

V.

MARY WILEY BLACK, JERRY D. APPELLEES

GOODWIN AS TRUSTEE OF THE LEE

WILEY MONCRIEF TRUST #3, JERRY D.

GOODWIN AS TRUSTEE OF THE MICHAEL

JOSEPH MONCRIEF TRUST #3, STAN L.

WILEY, AS EXECUTOR OF THE ESTATE

OF WADE W. WILEY, JR., RALPH E. FAXEL

AND JUDY EATON

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FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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We have considered the “Joint Motion To Dismiss With Prejudice.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(2)(A), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: April 28, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.