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 OPINION¹ 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 TEX. R. APP. 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

NOTES

1. See Tex. R. App. P. 47.4.