IN THE

TENTH COURT OF APPEALS

No. 10-95-071-CV

        MIKE BRADLEY,

                                                                              Appellant

        v.

        CITIZENS STATE BANK OF FROST, ET AL,

                                                                              Appellees

From the 13th District Court

Navarro County, Texas

Trial Court # 94-00-04091-CV

MEMORANDUM OPINION

          On June 8, 1995 Mike Bradley filed a motion to dismiss his appeal. Attached to the motion is a copy of an agreement between the parties settling their dispute. 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).

          Bradley has certified that he delivered the motion to the Citizens State Bank of Frost, which seeks no affirmative relief in this court.

          The motion to dismiss is granted. Bradley is to bear the court costs of the appeal.

                                                                                 PER CURIAM

Before Justice Cummings

          and Justice Vance

          (Chief Justice Thomas not participating)

Dismissed on appellant's motion

Opinion delivered and filed June 21, 1995

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