NO. 07-04-0368-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B OCTOBER 20, 2004 ______________________________

LUBBOCK GATEWOOD, L.L.C., APPELLANT V. MCGATEWOOD, L.C., APPELLEE _________________________________ FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY; NO. 2003-523,936; HONORABLE BLAIR CHERRY, JR., JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.

MEMORANDUM OPINION

On October 18, 2004, the parties filed a Joint Motion to Dismiss Appeal. No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith. Tex. R. App. P. 42.1. All costs incurred are adjudged against the party incurring the same.

James T. Campbell Justice