PER CURIAM

Appellant Thomas C. Retzlaff filed a motion to dismiss 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 Chief Justice Carroll, Justices Aboussie and B. A. Smith

Appeal Dismissed on Appellant's Motion

Filed: February 13, 1997

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