COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-412-CV

DR. JOHN R. BEVERLY AND APPELLANT S

WIFE MARSHA BEVERLY

V.

PECAN PLANTATION OWNERS APPELLEE

ASSOCIATION, INC.

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FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

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

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We have considered appellants’ “Motion To Withdraw Appeal.”  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 appellants , for which let execution issue.   See Tex. R. App. P. 43.4.

PER CURIAM

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

DELIVERED: January 25, 2007

FOOTNOTES

1:

See Tex. R. App. P. 47.4.