COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-304-CV

JAMES AND JERI CUSHMAN,      APPELLANTS

INDIVIDUALLY AND O/B/O THE

ESTATE OF JOSEPH CUSHMAN

V.

CITY OF ARLINGTON, THERON        APPELLEES

BOWMAN, JERRY KENDRICK,

ROY MITCHELL, MARK T. GARBER,

JOHNNY SPRUIEL, AND KENNETH

BLANE SHAW

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FROM THE 348 th DISTRICT COURT OF TARRANT COUNTY

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

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We have considered the “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)(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: CAYCE, C.J.; LIVINGSTON, and DAUPHINOT, JJ.

DELIVERED: February 12, 2004

FOOTNOTES

1:

See Tex. R. App. P. 47.4.