Dismissed and Memorandum Opinion filed November 4, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00961-CV

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BRUCE E. GARDNER, Appellant

V.

CLAUDE CUMMINGS, JR. and RUTH CUMMINGS, Appellees

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 01-62783

M E M O R A N D U M   O P I N I O N

This is a premature appeal filed before entry of a final judgment.  On October 27, 2004, appellant filed a motion to dismiss the appeal.  See Tex. R. App. P. 42.1.  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 4, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.