COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-458-CV

DONALD S. WINN APPELLANT

V.

RICHARD BROWN APPELLEES

AND DEBBIE BROWN

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FROM THE 158 TH DISTRICT COURT OF DENTON COUNTY

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

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We have considered appellant’s “Motion To Dismiss.”  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).  

Costs of this appeal shall be taxed against party incurring same, for  which let execution issue.

PER CURIAM

PANEL D: HOLMAN, GARDNER and WALKER, JJ.

DELIVERED: May 4, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.