IN THE

TENTH COURT OF APPEALS

No. 10-98-107-CV

     AMANDA JO DAVIS,

                                                                              Appellant

     v.

     RICHARD ESPIN AND

     MARGARET DOWNIE,

                                                                              Appellees

From the 170th District Court

McLennan County, Texas

Trial Court # 96-3450-4

MEMORANDUM OPINION

      On August 31, 1998, the parties filed a joint motion to dismiss the appeal. Rule 42.1 of the Texas Rules of Appellate Procedure governs the procedure for the voluntary dismissal of a civil appeal. In relevant part, the rule provides:

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

(1) in accordance with an agreement signed by all parties or their attorneys and filed with the clerk. . . .

Tex. R. App. P. 42.1(a)(1).

      The agreement is signed by the attorneys for the appellant and for the appellee. Thus, the appeal is dismissed with costs to be taxed against the party incurring same.

                                                                               PER CURIAM

Before Chief Justice Davis,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed September 9, 1998

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