COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-04-293-CV

THE ESTATE OF CLEO BERTON HARPER, DECEASED

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FROM THE PROBATE COURT OF DENTON COUNTY

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

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We have considered appellant Niles Lathan Harper’s “Motion To Withdraw Appeal.”  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)(1), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT and HOLMAN, JJ.

DELIVERED: January 27, 2005

FOOTNOTES

1:

See Tex. R. App. P. 47.4.