IN THE

TENTH COURT OF APPEALS

No. 10-94-134-CV

     BANK ONE, TEXAS, N.A.,

                                                                                              Appellant

     v.

     R.W. CALLOWAY, ET AL.,

                                                                                              Appellees

From Probate Court #3

Dallas County, Texas

Trial Court # 91-1761-P3A

MEMORANDUM OPINION

      On October 17, 1994, the parties filed a joint motion to dismiss the appeal pursuant to Rule 59(a) of the Texas Rules of Appellate Procedure. In the relevant portion, Rule 59(a) provides:

(1) The appellate court may finally dispose of an appeal or writ of error as follows:

(A) In accordance with an agreement signed by all parties or their attorneys and filed with the clerk; or

(B) On motion of appellant to dismiss the appeal or affirm the judgment appealed from, with notice to all other parties; provided, that no other party shall be prevented from seeking any appellate relief it would otherwise be entitled to.

Tex. R. App. P. 59(a).

      In the motion, the parties state that have reached a confidential settlement agreement. The motion is signed by the appellant's attorney personally, and by the appellees' attorneys "by permission."

      The motion to dismiss is granted. This cause is dismissed with each party to bear its own costs.

                                                                               PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed October 26, 1994

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