IN THE

TENTH COURT OF APPEALS

No. 10-96-178-CV

     A.L. MCFADDEN, JR.,

                                                                                              Appellant

     v.

     VERNON R. LAMBERT,

                                                                                              Appellee

From the 220th District Court

Bosque County, Texas

Trial Court # 95-05-12195-BCCV

MEMORANDUM OPINION

      On January 14, 1997, the parties filed a joint motion to dismiss the appeal. In relevant portion, Rule 59(a) of the Texas Rules of Appellate Procedure 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).

      The parties state that they have settled their controversy. The agreement is signed by both the appellant's and the appellee's attorneys.

      Pursuant to this agreement, the cause is dismissed with, as the parties agreed, the appellant to bear the costs.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed January 22, 1997

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