












COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH





NO. 2-05-152-CV



IN RE UBS FINANCIAL SERVICES, INC.	RELATOR







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ORIGINAL PROCEEDING



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AND





NO. 2-05-153-CV

       

IN THE ESTATE OF EDITH P. COMER, DECEASED	







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FROM 
PROBATE COURT NO. 1 
OF TARRANT COUNTY



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MEMORANDUM OPINION
(footnote: 1) AND JUDGMENT

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We have considered “Appellant’s Motion to Dismiss Appeal.”  It is the court's opinion that the motion should be granted; therefore, we withdraw our June 30, 2005 opinion and judgments, dismiss appellant’s pending motion for rehearing en banc, and dismiss the above referenced appeal and original proceeding.  
See
 T
EX.
 R. A
PP.
 P. 42.1(a)(1), (c), 43.2(f).

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 WALKER, JJ.	



DELIVERED: September 15, 2005

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


