IN THE

TENTH COURT OF APPEALS

No. 10-98-128-CV

     BRAZOS VALLEY FLOORS

     & INTERIORS, INC. AND

     HARLAN KING,

                                                                                   Appellants

     v.

     GAYLE LOYD,                                                      Appellee 

From the 170th District Court

McLennan County, Texas

Trial Court # 97-2260-4

MEMORANDUM OPINION

      The defendant-appellants, Brazos Valley Floors & Interiors, Inc. and Harlan King (collectively “Appellants”), sought appellate review of an adverse judgment entered against them in favor of the plaintiff-appellee, Gayle Loyd, in a defamation suit. On August 24, 1998, Appellants 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).

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

                                                                         PER CURIAM

Before Chief Justice Davis,

          Justice Cummings, and

          Justice Vance

Dismissed on appellants’ motion

Opinion delivered and filed August 31, 1998

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lant as open pleas. Brown v. State, 943 S.W.2d 35 (Tex. Crim. App. 1997).

      The judge assessed punishment within the statutory range of punishment. The judgments are regular on their face and contain all requirements set out in the Texas Code of Criminal Procedure, article 42.01.

      Appellant's briefs certify that copies were served on Appellant on June 2, 1999. Appellant has filed no pro se briefs and no extension of time in which to file same has been requested.

      We have examined both briefs and agree that both appeals are frivolous and without merit, and we find nothing in the record that might arguably support an appeal.

      Appellant's appointed counsel has further made a request and motion to withdraw as attorney in each case. Those motions are granted.

      Judgments in both cases are affirmed.

                                                                         FRANK G. McDONALD

                                                                         Chief Justice (Retired)

Before Chief Justice Davis,

      Justice Vance and

      Chief Justice McDonald (Retired)

Affirmed

Opinion delivered and filed September 15, 1999

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