COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-03-117-CV

DON BLACKWOOD                                                                APPELLANT

V.

TRAMMELL CROW COMPANY NO. 33 LTD.,                             APPELLEES

CROW-BILLINGSLEY MIDWAY ROAD SOUTH-A, LTD.,

AND LUCY BILLINGSLEY

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FROM THE 362^nd DISTRICT COURT OF DENTON COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        Appellant Don Blackwood filed a petition for bankruptcy on August 28, 2003 in the United States Bankruptcy Court, Eastern District of Texas, Plano Division, Cause No. 03-44012, which automatically stayed this appeal.

        Appellant has filed an “Agreed Motion To Dismiss With Prejudice” and has furnished this court with a copy of the “Discharge of Debtor” from the United States Bankruptcy Court entered on July 21, 2005. Because the debtor has been granted a discharge, this case is ordered reinstated.

        It is the court’s opinion that appellant’s motion to dismiss should be granted; therefore, we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(2), 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:   GARDNER, J.; CAYCE, C.J.; and WALKER, J.

DELIVERED: September 8, 2005

NOTES

1.  See Tex. R. App. P. 47.4.