COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-146-CV

TWENTY WINGS, LTD. AND APPELLANT

TWI XXV, INC., JUDY HALL,

DIRECTOR, AS PARTNERS D/B/A HOOTERS

V.

TEXAS ALCOHOLIC BEVERAGE COMMISSION APPELLEE

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FROM THE 96 TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered appellant’s “Motion For Voluntary Dismissal.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal with prejudice to its refiling.   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: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

        DELIVERED: July 22, 2004  

FOOTNOTES

1:

See Tex. R. App. P. 47.4.