PER CURIAM

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: April 26, 2000

APPEAL DISMISSED

The appellant in the above numbered and styled appeal has filed a motion to dismiss the appeal, stating that the parties have reached an agreement to settle and compromise their differences in the underlying lawsuit. The motion is granted. See Tex. R. App. P. 42.1(a)(1). Because the case is now moot, all previous orders and judgments, both trial and appellate, are set aside and the cause is dismissed. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Hughes, 827 S.W.2d 859, 859 (Tex. 1992); Exxon Corp. v. Bulter, 619 S.W.2d 399, 399 (Tex. 1981); Panterra v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex. App.-San Antonio 1995, no writ.). The costs of this appeal are taxed against the party who incurred them.

PER CURIAM

DO NOT PUBLISH