COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-033-CV

LEN FREEMYER APPELLANT

V.

FIRST BANK APPELLEE

----------

FROM THE 352 ND DISTRICT COURT OF TARRANT COUNTY

----------

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

----------

We have considered the “Agreed Joint Motion To Dismiss Appeal.”  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: DAUPHINOT, HOLMAN, and GARDNER, JJ.

        DELIVERED: April 29, 2004  

FOOTNOTES

1:

See Tex. R. App. P. 47.4.