No. 04-00-00369-CV

COGEMA MINING, INC.,

Appellant

v.

Gilberto GUZMAN,

Appellee

From the 229th Judicial District Court, Duval County, Texas

Trial Court No. DC-99-48

Honorable Alex W. Gabert, Judge Presiding

Per Curiam

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: June 20, 2001

DISMISSED

The appellant has filed an unopposed motion to dismiss this appeal, stating that the parties have settled all issues in dispute. The motion is granted. See Tex. R. App. P. 42.1(a)(1). Because the cause is 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. Butler, 619 S.W.2d 399, 399 (Tex. 1981); Freeman v. Burrows, 141 Tex. 318, 171 S.W.2d 863, 863-64 (1943); Panterra Corp. v. American Dairy Queen, 908 S.W.2d 300, 301 (Tex. App.--San Antonio 1995, no writ). Costs of appeal are taxed against the parties who incurred them.

PER CURIAM

DO NOT PUBLISH