                                   NO. 07-04-0368-CV

                             IN THE COURT OF APPEALS

                      FOR THE SEVENTH DISTRICT OF TEXAS

                                      AT AMARILLO

                                        PANEL B

                                   OCTOBER 20, 2004

                          ______________________________


                     LUBBOCK GATEWOOD, L.L.C., APPELLANT

                                            V.

                           MCGATEWOOD, L.C., APPELLEE

                        _________________________________

            FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;

            NO. 2003-523,936; HONORABLE BLAIR CHERRY, JR., JUDGE

                         _______________________________

Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ.


                               MEMORANDUM OPINION


       On October 18, 2004, the parties filed a Joint Motion to Dismiss Appeal. No decision

of this Court having been delivered to date, we grant the motion. Accordingly, the appeal

is dismissed. No motion for rehearing will be entertained and our mandate will issue

forthwith. Tex. R. App. P. 42.1. All costs incurred are adjudged against the party incurring

the same.


                                                 James T. Campbell
                                                     Justice
