NO. 07-03-0231-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A MARCH 15, 2004 ______________________________

HENRY F. SMITH AND KRONGTHONG SMITH, APPELLANTS V. BRUCE R. MCALISTER AND SHIRLEY MCALISTER, APPELLEES

_________________________________ FROM THE 411TH DISTRICT COURT OF POLK COUNTY; NO. 17,388; HONORABLE ROBERT H. TRAPP, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

MEMORANDUM OPINION

Appellants Henry F. Smith and Krongthong Smith filed a Motion to Dismiss Appeal on March 1, 2004.

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 are assessed to appellants.

James T. Campbell Justice

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