IN THE

TENTH COURT OF APPEALS

No. 10-00-148-CV

     BARRY S. NUSSBAUM, INC.,

                                                                              Appellant

     v.

     KIMBERLY BATTLE,

                                                                              Appellee

From the 95th District Court

Dallas County, Texas

Trial Court # 96-08673-D

MEMORANDUM OPINION

      On August 16, Barry Nussbaum, Inc. and Kimberly Battle filed a “stipulation and agreement of voluntary dismissal. 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.

      The “stipulation and agreement” states that the parties have entered into a settlement agreement, contemplating that “the cause, not just the appeal, be dismissed.” It is signed by the attorneys for both parties.

      The trial court’s judgment and orders are vacated and this cause is dismissed. Costs are taxed against the party incurring them.

PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed September 6, 2000

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