SOBECO, LLP d/b/a Wright Custom Homes v. Ken Sakiewicz, Individually and d/b/a Expressions in Tile--Appeal from 48th District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS
FORT WORTH

NO. 2-05-048-CV

SOBECO, LLP D/B/A WRIGHT APPELLANT

CUSTOM HOMES

V.

KEN SAKIEWICZ, INDIVIDUALLY APPELLEE

AND D/B/A EXPRESSION IN TILE

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FROM THE 48TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION1 AND JUDGMENT

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We have considered Appellant s Motion To Dismiss For Want Of Jurisdiction. Appellant has provided to this court a copy of a January 24, 2005 order granting a new trial in this case. Accordingly, it is the court's opinion that appellant s motion should be granted; therefore, we dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1), 43.2(f).

Appellant shall pay all costs of this appeal, for which let execution issue.

PER CURIAM

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

DELIVERED: March 3, 2005

NOTES

1. See Tex. R. App. P. 47.4.