IN THE

TENTH COURT OF APPEALS

No. 10-01-118-CV

     LILLIAN HARRIS, EDWARD J. HARRIS,

     EVELYN ASHY, EDWARD P. ASHY,

     MARK S. ASHY, DIANE M. HARRIS,

     BRENDA R. HARRIS, CINDY HARRIS

     VISNAW, EDWARD J. VISNAW (BY AND

     THROUGH HIS NEXT FRIEND CINDY

     HARRIS VISNAW), MICHAEL MANSUR

     AND CHARISE MANSUR, ET AL.,

                                                                              Appellants

     v.

     AMARR REBECCA SAMMAN VINES,

                                                                              Appellee

From the County Court at Law No. 3

Fort Bend County, Texas

Trial Court # 15972-A

MEMORANDUM OPINION

      The Appellants have filed a motion to dismiss this appeal in which they assert that the parties have reached a settlement agreement. 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 appeal 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 October 31, 2001

Do not publish

[CV06]