












COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH



NO. 2-05-225-CV



FINOVA CAPITAL CORPORATION	APPELLANT



V.



JOE B. RUPE, O.D., P.C. AND JOE B. RUPE	APPELLEES



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FROM THE 78
TH
 DISTRICT 
COURT OF WICHITA COUNTY

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MEMORANDUM OPINION
(footnote: 1) AND JUDGMENT

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We have considered “Appellant, Finova Capital Corporation’s Motion To Dismiss.”  It is the court’s opinion that the motion should be granted; therefore, we dismiss the appeal.  
See
 T
EX.
 R. A
PP.
 P. 42.1(a)(1), 43.2(f).

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

PER CURIAM

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



DELIVERED:  January 26, 2006

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


