COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-290-CV

BARTON RUSS APPELLANT AND APPELLEE

V.

UPSHAW INSURANCE AGENCY, INC. APPELLEE AND APPELLANT

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FROM THE 211TH DISTRICT COURT OF DENTON 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), 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: GARDNER, WALKER, and MCCOY, JJ.

        DELIVERED: DECEMBER 9, 2004  

FOOTNOTES

1:

See Tex. R. App. P. 47.4.