PER CURIAM

Appellant Castle Builders, Inc., filed a motion to dismiss its appeal with prejudice to the rights of appellant to refile same. Further, the motion requests that all costs of court be paid by the party incurring same, in accordance with the parties' agreement. Appellant's motion is granted; the appeal dismissed with prejudice; and all costs of court are taxed against the party incurring the cost.

Before Justices Powers, Jones and B. A. Smith

Appeal Dismissed on Appellant's Motion

Filed: March 13, 1996

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