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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[1] AND JUDGMENT
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We have considered the parties= AAgreement Under Rule 42.1.@ 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 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
[1]See Tex. R. App. P. 47.4.