NUMBER 13-99-367-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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H. E. BUTT GROCERY COMPANY, Appellant,

v.

BEATRICE L. CAGLE, Appellee.

____________________________________________________________________

On appeal from the 275th District Court

of Hidalgo County, Texas.

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O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, H. E. BUTT GROCERY COMPANY, perfected an appeal from a judgment entered by the 275th District Court of Hidalgo County, Texas, in cause number C-3547-93-E. After the record was filed, the parties filed a joint motion to dismiss the appeal. In the motion, the parties state that they have now reached a settlement in this matter. The parties request that this Court dismiss this appeal, set aside the judgment of the trial court, and assess all costs on appeal against the party incurring such costs.

The Court, having considered the documents on file and appellant's motion to dismiss the appeal, is of the opinion that the motion should be granted. Appellant's motion to dismiss is granted, and the appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed this

the 31^st day of March, 2000.