IN THE

TENTH COURT OF APPEALS

No. 10-98-028-CV

ESTATE OF ETHEL ROBERT MORRISON,

          DECEASED

From the County Court

Leon County, Texas

Trial Court # 4740

MEMORANDUM OPINION

      On April 20, 1998, the parties filed a joint 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).

      The motion states that the parties have settled their controversy and is signed by counsel for appellants and appellee. Accordingly, this cause is dismissed with costs to be taxed against the appellants.

                                                                               PER CURIAM

Before Chief Justice Davis, and

      Justice Vance

      (Justice Cummings not participating)

Dismissed

Opinion delivered and filed April 29, 1998

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