Gary W. Stewart v. Joyce L. Ogletree, Individually and as Trustee of the Joe A. and Joyce L. Ogletree Revocable Trust, and as Trustee of the Joe A. Ogletree Irrevocable Trust--Appeal from 153rd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-02-046-CV

GARY W. STEWART APPELLANT

V.

JOYCE L. OGLETREE, INDIVIDUALLY APPELLEE

AND AS TRUSTEE OF THE JOE A.

AND JOYCE L. OGLETREE REVOCABLE

TRUST, AND AS TRUSTEE OF THE

JOE A. OGLETREE IRREVOCABLE TRUST

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FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION // AND JUDGMENT

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We have considered the parties Joint Motion To Dismiss Appeal. 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)(1), 43.2(f). It is further ORDERED that appellant s attorney, Bob Bowland, is entitled to a refund of his $10,000 cash deposit in lieu of supersedeas bond in accordance with the parties agreement. See Tex. R. App. P. 43.6.

Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

PER CURIAM

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

DELIVERED: October 23, 2003