IN THE

TENTH COURT OF APPEALS

No. 10-01-377-CV

     LUIS FRAGA,

                                                                              Appellant

     v.

     ROBERT M. SPITZER,

     D/B/A AUTOWORLD,

                                                                              Appellees

From the 19th District Court

McLennan County, Texas

Trial Court # 2001-1030-1

MEMORANDUM OPINION

      The parties have filed a joint motion to dismiss this appeal in which they assert that they have resolved 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. As per the agreement of the parties, 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 August 14, 2002

Do not publish

[CV06]