Dismissed and Memorandum Opinion filed May 13, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00436-CV

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PADDY ARGOVITZ, Appellant

V.

JERRY ARGOVITZ, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No.  03-58210

M E M O R A N D U M   O P I N I O N

This is an attempted appeal from an order referring the case to arbitration signed April 23,2004.  On May 6, 2004, appellant filed a motion to dismiss the appeal because the order is not appealable.  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 May 13, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.