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 OPINION¹ 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 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.

                                                                  PER CURIAM

PANEL D:   GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: DECEMBER 9, 2004

NOTES

1.  See Tex. R. App. P. 47.4.