COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-112-CV

JUDY EATON AND JERRY D. APPELLANTS

GOODWIN, GENERAL PARTNER OF

DENTON-MFG., LIMITED PARTNERSHIP

(F.K.A. K.D.R.C. II, LTD.)

V.

MARY WILEY BLACK, JERRY D. APPELLEES

GOODWIN AS TRUSTEE OF THE LEE

WILEY MONCRIEF TRUST #3, JERRY D.

GOODWIN AS TRUSTEE OF THE MICHAEL

JOSEPH MONCRIEF TRUST #3, STAN L.

WILEY, AS EXECUTOR OF THE ESTATE

OF WADE W. WILEY, JR., RALPH E. FAXEL

AND JUDY EATON

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FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)} AND JUDGMENT

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We have considered the “Joint Motion To Dismiss With Prejudice.”  It is the court's opinion that the motion should be granted; therefore, we dismiss the appeal.   See T EX. R. A PP. P. 42.1(a)(2)(A), 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: WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: April 28, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.