IN THE

TENTH COURT OF APPEALS

No. 10-01-115-CV

     TEXAS DEPARTMENT

     OF PUBLIC SAFETY,

                                                                              Appellant

     v.

     DAVID LEON CUMINS,

                                                                              Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # C00000387

MEMORANDUM OPINION

      The Appellant has filed a motion to dismiss this appeal in which it asserts that the parties have settled their dispute. 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 Appellant.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed August 29, 2001

Do not publish

style="font-family: 'CG Times', serif">      On reconsideration, counsel’s motion to dismiss is granted. The appeal is dismissed.

                                                                   PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Justice Reyna

      (Chief Justice Gray dissenting)

Appeal dismissed

Opinion delivered and filed June 30, 2004

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