IN THE

TENTH COURT OF APPEALS

No. 10-98-124-CV

     SAFECO INSURANCE COMPANY

     OF AMERICA,

                                                                              Appellant

     v.

     LARRY CARLTON KEY,

                                                                              Appellee

From the 170th District Court

McLennan County, Texas

Trial Court # 97-866-4

MEMORANDUM OPINION

      On September 28, 1998, Appellant Safeco Insurance Company of America filed a motion to dismiss this appeal. In relevant portion, Rule 42.1(a) of the Texas Rules of Appellate Procedure provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      Safeco states that the parties have settled their controversy. Appellee has not filed a response to the motion. Accordingly, this cause is dismissed with costs to be taxed against the appellant.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed October 8, 1998

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