IN THE

TENTH COURT OF APPEALS

No. 10-99-216-CV

        PRATT-M.D.Q., INC. D/B/A

        DAIRY QUEEN OF FAIRFIELD,

                                                                              Appellant

        v.

        EVELYN A. CARRENO,

                                                                              Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 95-302-B

MEMORANDUM OPINION

        The parties have 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 parties state that they have settled their controversy and ask this Court to dismiss this appeal. Accordingly, this cause is dismissed with costs to be taxed against the party incurring same.

                                                                       PER CURIAM

Before Chief Justice Davis,

          Justice Vance, and

          Justice Gray

Appeal dismissed

Opinion delivered and filed December 29, 1999

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