WITHDRAWN

8-7-02

IN THE

TENTH COURT OF APPEALS

No. 10-01-330-CR

     WILLIAM JOSEPH DOWMONT

     AND TIM ABLES TRUCKING COMPANY,

                                                                              Appellants

     v.

     RUBY NELL BURLESON,

                                                                              Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 00-11-16,080-CV

MEMORANDUM OPINION

      William Joseph Dowmont and Tim Ables Trucking Company appealed a judgment rendered against them in a personal injury lawsuit. We referred the parties to mediation by order dated June 26, 2002. The parties have now filed a joint motion to dismiss the appeal. They state in their motion that they “have reached an agreement to settle the case and dismiss this appeal.”

      Rule of Appellate Procedure 42.1(a)(2) provides:

(a) The appellate court may dispose of an appeal as follows:

(2) in accordance with a motion of appellant to dismiss the appeal or affirm the appealed judgment or order; but no other party may be prevented from seeking any relief to which it would otherwise be entitled.

Tex. R. App. P. 42.1(a)(2).

      The dismissal motion complies with the requirements of the appellate rules. Appellee Ruby Nell Burleson has joined the motion. Accordingly, this appeal is dismissed with costs to be taxed against the party incurring same.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed July 31, 2002

Do not publish

[CV06]