IN THE

TENTH COURT OF APPEALS

No. 10-00-170-CV

     MICHELE A. HAYNES,

                                                                              Appellant

     v.

     FORTIS INSURANCE COMPANY,

                                                                              Appellee

From the 170th District Court

McLennan County, Texas

Trial Court # 2000-813-4

MEMORANDUM OPINION

      On July 27, 2000, Michele Haynes 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.

      The motion states that the parties have “entered into a stipulation and agreement” which includes the dismissal of this appeal with each party bearing its own costs. Attorneys for both parties have signed the motion.

      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 August 9, 2000

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