COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-04-289-CV

CONGRESS STREET NIGHTS, INC.                                          APPELLANT

D/B/A CURTAIN CLUB

V.

SANDRA AND RONALD HYDEN, INDIVIDUALLY,                        APPELLEES

AND RONALD HYDEN, AS REPRESENTATIVE

OF THE ESTATE OF SONYA HYDEN

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FROM THE 96^TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        We have considered the parties’ “Agreed Motion To Vacate The Judgment Of The Trial Court And Dismiss The Appeal.”  It is the court's opinion that the motion should be granted; therefore, we vacate the trial court’s judgment and dismiss the case.  See TEX. R. APP. P. 42.1(a)(2), 43.2(e).

        Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

                                                                  PER CURIAM

PANEL D:   WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: August 30, 2005

NOTES

1.  See Tex. R. App. P. 47.4.