Dismissed and Memorandum Opinion filed January 6, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-01105-CV

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MURPHY BROS, INC. d/b/a MURPHY CONTRACTORS, INC., Appellant

V.

HORIZONTAL TECHNOLOGY, INC., Appellee

On Appeal from the 280th District Court

Harris County, Texas

Trial Court Cause No. 04-16934

M E M O R A N D U M   O P I N I O N

This is an appeal from a judgment signed October 13, 2004.  On December 16, 2004, appellant filed a motion to dismiss the appeal because its notice of appeal had been filed prematurely.  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 January 6, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.