IN THE

TENTH COURT OF APPEALS

No. 10-01-195-CV

     RAY LEE BIXBY

     AND JUANITA BIXBY,

                                                                              Appellants

     v.

     DON BICE

     AND LOIS K. BICE,

                                                                              Appellees

From the 220th District Court

Bosque County, Texas

Trial Court # 00-01-03000

MEMORANDUM OPINION

      Ray Lee Bixby and his mother Juanita filed a declaratory judgment action against Don Bice and his wife Lois regarding the title to a certain 108-acre tract of land. The court granted a default summary judgment in favor of the Bices after the Bixbys failed to appear at the summary judgment hearing. The Bixbys filed this restricted appeal several months later. The Bixbys have now filed a motion to dismiss their appeal. They state that “the parties have reached an agreement to settle and compromise their differences in the underlying lawsuit.”

      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 filed by the Bixbys complies with the requirements of the appellate rules. More than ten days have passed since the filing of the motion with no response from the Bices. Accordingly, this cause 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 March 20, 2002

Do not publish

[CV06]