NO. 07-03-0049-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 24, 2003 ______________________________

TEXAS FARM BUREAU MUTUAL INSURANCE COMPANY AND STEVE AND PATTI JONES, APPELLANTS V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, APPELLEE

_________________________________ FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY; NO. 2002-593,144; HONORABLE PAULA LANEHART, JUDGE _______________________________ Before JOHNSON, C.J., and QUINN and REAVIS, JJ.

ON JOINT MOTION TO DISMISS

Prior to submission of the merits of this appeal, appellants Texas Farm Bureau Mutual Insurance Company and Steve and Patti Jones and appellee State Farm Mutual Automobile Insurance Company filed a joint motion to dismiss representing they have reached an agreement to settle and compromise their differences and no longer wish to appeal. Tex. R. App. P. 42.1(a)(2)(A). We grant the motion and pursuant to the parties’ request, costs are to be assessed against he party incurring them. Cf. Tex. R. App. P. 42.1(d). Having dismissed the appeal at the request of the parties, no motion for rehearing will be entertained and our mandate will issue forthwith.

Don H. Reavis Justice