dismis.re
COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-05-382-CV
ZIABON, INC. APPELLANT
AND APPELLEE
V.
ASSOCIATED PROPERTIES, L.P. APPELLEE
AND APPELLANT
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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT
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We have considered the parties’ “Agreement Under Rule 42.1.” 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)(1), 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: HOLMAN, GARDNER, and WALKER, JJ.
DELIVERED: February 9, 2006
FOOTNOTES
1:
See Tex. R. App. P. 47.4.