Martha H. Steed v. Gary Gardner, Gardner Homes, L.L.P., and Mike Upshaw--Appeal from 342nd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-06-359-CV

MARTHA H. STEED APPELLANT

V.

GARY GARDNER, GARDNER HOMES, L.L.P., APPELLEES

AND MIKE UPSHAW

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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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We have considered the parties= AAgreed Motion To Dismiss With Prejudice.@ It is the court=s opinion that the motion should be granted; therefore, we dismiss the appeal. See TEX. R. APP. 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 A: HOLMAN, J.; CAYCE, C.J.; and GARDNER, J.

DELIVERED: November 8, 2007

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