McDill Columbus Corporation, Northwood Forest Apartments, Inc., McDill of Texas 2 Inc., and Partners Northwood, Ltd. v. U.S.A. Metropolitan Tax Credit Fund II, L.P., Richman Metropolitan, Inc. and The Richman Group of Connecticut, L.L.C.--Appeal from 127th District Court of Harris County

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NO. 07-02-0170-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A JULY 21, 2003 ______________________________ MCDILL COLUMBUS CORPORATION, NORTHWOOD FOREST APARTMENTS, INC., MCDILL OF TEXAS 2, INC., AND PARTNERS NORTHWOOD LTD., APPELLANTS V. U.S.A. METROPOLITAN TAX CREDIT FUND II, L.P., RICHMAN METROPOLITAN, INC., AND THE RICHMAN GROUP OF CONNECTICUT, APPELLEES _________________________________ FROM THE 127TH DISTRICT COURT OF HARRIS COUNTY; NO. 96-10530; HONORABLE SHARONLYN WOOD, JUDGE _______________________________ Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ. MEMORANDUM OPINION By order dated September 23, 2002, this appeal was suspended following the Court’s receiving Notice of Bankruptcy in regard to appellant Partners Northwood, Ltd. The parties have now filed a copy of the Order Confirming Second Amended Plan of Reorganization, as Modified, Under Chapter 11 of the United States Bankruptcy Code in Case No. 02-12963-8P1 in the United States Bankruptcy Court for the Middle District of Florida, Tampa Division, styled In re: Partners Northwood, Ltd. Pursuant to the order of confirmation, the parties have submitted a Joint Motion to Dismissal Appeal. The appeal is reinstated. The motion to dismiss is granted. The appeal is dismissed. TEX . R. APP . P. 42.1(a)(2). All costs having been paid, no order pertaining to the costs is made. Having dismissed the appeal at the parties’ request, no motion for rehearing will be entertained and our mandate will issue forthwith. Phil Johnson Chief Justice 2

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