IN THE

TENTH COURT OF APPEALS

No. 10-99-334-CV

     COSTILLA ENERGY, INC.,

                                                                              Appellant

     v.

     GNK, INC.,

                                                                              Appellee

From the 87th District Court

Freestone County, Texas

Trial Court # 97-311-B

MEMORANDUM OPINION

      On November 7, 2000, the appellant filed a motion to dismiss this appeal. In relevant portion, Rule 42.1 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 party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a).

      The motion states that the parties have agreed to settle their dispute. Appellees have not filed a response to the motion.

      Therefore, under the authority of Rule 42.1, the cause is dismissed. Costs are taxed against the party incurring them.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed

Opinion delivered and filed November 15, 2000

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