COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-382-CV

ZIABON, INC. APPELLANT

AND APPELLEE

V.

ASSOCIATED PROPERTIES, L.P. APPELLEE

AND APPELLANT

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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY

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

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We have considered the parties’ “Agreement Under Rule 42.1.”  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 the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: February 9, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.