COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-225-CV

FINOVA CAPITAL CORPORATION APPELLANT

V.

JOE B. RUPE, O.D., P.C. AND JOE B. RUPE APPELLEES

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FROM THE 78 TH DISTRICT COURT OF WICHITA COUNTY

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

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We have considered “Appellant, Finova Capital Corporation’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 the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

DELIVERED:  January 26, 2006

FOOTNOTES

1:

See Tex. R. App. P. 47.4.