PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: January 31, 2003

DISMISSED

The parties have filed a joint motion to dismiss the appeal, stating that the parties have reached a settlement agreement. The parties are seeking a dismissal of the appeal but request that the trial court's judgment remain intact as a bar to relitigation. The parties' motion to dismiss is GRANTED, and this appeal is DISMISSED in accordance with the parties' intentions. See Tex. R. App. P. 42.1(a)(2); Caballero v. Heart of Tex. Pizza, L.L.C., 70 S.W.3d 180, 181 (Tex. App.--San Antonio 2001, no pet.). Costs of appeal are taxed against the parties who incurred them.

PER CURIAM

PUBLISH