IN THE

TENTH COURT OF APPEALS

No. 10-03-192-CV

     BILL McCOY,

                                                                              Appellant

     v.

     BETTY McCOY,

                                                                              Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 2001-469-1

MEMORANDUM OPINION

      Betty McCoy filed a petition for divorce. Bill McCoy filed a verified pleading denying that the parties were married. A jury found that the parties had an informal marriage. See Tex. Fam. Code. Ann. § 2.401 (Vernon 1998). The court signed a “Judgment of Marriage” in accordance with the verdict on May 16, 2003. The judgment recites that “all other matters including property division are to be determined by the Court.” Bill filed a notice of appeal on June 13, stating his desire to appeal the May 16 “judgment.”

      Bill’s notice of appeal appears premature. See Tex. R. App. P. 27.1(a). Nevertheless, the court signed a final, agreed divorce decree on September 19. This decree recites the agreement of the parties that each should bear his own costs of court.

      Bill filed a motion to dismiss the appeal on September 24 stating that the parties have settled their differences. Rule of Appellate Procedure 42.1(a)(1) provides:

(a) The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless such disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Id. 42.1(a)(1).

      Bill’s dismissal motion satisfies the requirements of the appellate rules. Betty has not filed a response. Accordingly, we dismiss the appeal with costs to be taxed against the party incurring same. See id. 42.1(d).

                                                                   PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Justice Allen (Sitting by Assignment)

Appeal dismissed

Opinion delivered and filed December 12, 2003

[CV06]