Mark Steven Esselman, appellant, and Nancy E. Esselman, appellee, filed a joint motion to dismiss this accelerated interlocutory appeal because the issues made the basis of this appeal have been resolved through settlement. The Court finds that the motion is voluntarily made by the agreement prior to any decision of this Court and should be granted. Tex. R. App. P. 42.1(a)(2).

It is, therefore, ORDERED that the motion to dismiss be granted and the appeal is therefore DISMISSED. All costs are assessed against the incurring party.

PER CURIAM

Opinion Delivered March 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.