COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-379-CV

SAM C. TAMBORELLO APPELLANT

V.

LOWE'S COMPANIES, INC., RAY CRAWFORD, APPELLEES

LINDA BLACK, AND DAVID MARRS

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FROM THE 271 ST DISTRICT COURT OF WISE COUNTY

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

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We have considered the parties’ “Joint Motion To Dismiss By Agreement.”  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)(2), 43.2(f).

Costs of the appeal shall be paid by appellant , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

PANEL D:  WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED:  December 13, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.