IN THE

TENTH COURT OF APPEALS

No. 10-99-288-CV

     UNION INSURANCE COMPANY,

                                                                              Appellant

     v.

     DANNY WYWIAS,

                                                                              Appellee

From the 249th District Court

Johnson County, Texas

Trial Court # 249-29-93

MEMORANDUM OPINION

      On March 1, 2001, the parties filed a joint 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 reached an agreement to settle and compromise their differences in this cause. The parties request that the appeal be dismissed with each party bearing its own costs. It is signed by the attorneys for both parties.

      Therefore, this cause is dismissed. Costs are taxed against the party incurring them in accordance with the agreement of the parties.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed March 21, 2001

Do not publish

>

Opinion delivered and filed October 6, 2010

Do not publish

[CR25]