IN THE

TENTH COURT OF APPEALS

No. 10-99-079-CV

     AMY WHITE-THOMAS,

                                                                              Appellant

     v.

     SONANCE WACO OPERATING

     COMPANY, INC., FORMERLY

     D/B/A KBRQ-FM AND GULFSTAR

     COMMUNICATIONS WACO LICENSEE,

     INC., D/B/A KBRQ-FM,

                                                                              Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 97-306-3

MEMORANDUM OPINION

      On August 30, 1999, Appellant Amy White-Thomas and Appellees Sonance Waco Operating Company and Gulfstar Communications Waco Licensee 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:

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

(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).

      The joint motion was signed by the parties’ attorneys. In the motion, the parties state that they have reached an agreement that ends the controversy and makes the appeal unnecessary. Accordingly, this cause is dismissed with costs to be taxed against the party incurring them.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed September 15, 1999

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