In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-03-00104-CV

______________________________

BOBBY JOE SMITH, INDIVIDUALLY AND

AS NEXT FRIEND FOR

BRADLEY JANTZEN SMITH, ET AL., Appellants

V.

RICHARD M. HILBORN, M.D., P.A., ET AL., Appellees

On Appeal from the 5th Judicial District Court

Bowie County, Texas

Trial Court No. 00-C-0853-005

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Bobby Joe Smith, Individually and as Next Friend for Bradley Jantzen Smith, et al., has filed a motion asking this Court to dismiss his appeal pursuant to the settlement of claims between the parties. Pursuant to Tex. R. App. P. 42.1(a)(1), we grant the motion.

          We dismiss the appeal.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      November 18, 2003

Date Decided:         November 19, 2003